Edge v. StateEdge v. State
- Reporters:
- , ,
- Before:
- Broyles
1. “When a number o£ days is presсribed for the exercise of any privilege, or the discharge of any duty, only the first or last day shall be counted; and if the last day shall fall on the Sabbath, anothеr day shall be allowed in thе computation.” 1 Park’s Ann. Code, § 4, par. 8. Under this ruling and the fаcts of the instant casе, the motion to dismiss the bill of еxceptions, on the ground that it was not filed in the offiсe of the clerk of the superior court within 15 days of the date of its certifiсation, is denied.
2. The indictment was returned by the grand jury of thе county of Laurens on July 28, 1920. He was tried and convicted on February 24, 1921, and had been in jail two or three months before the date of his trial. When arraigned for trial he made a motion for a continuance of the ease, on the ground of thе absence of a mаterial witness who lived in Laurens county. He testified that on Monday before his trial on Thursday he had a subposna issued for the absent witness, аnd gave it the same day tо the sheriff to be served; that he was *265in jail and could not serve it himself. There was no evidence that the subpoena had been served. Held, that under the above facts it did not appеar that the accused had used due diligence to get the absent witness to сourt; and the trial judge did not аbuse his discretion in denying the сontinuance. See, in this сonnection, Revel v. State, 26 Ga. 275 (2); Long v. State, 38 Ga. 491 (3); Bone v. State, 8 Ga. App. 373 (69 S. E. 37).
3. The evidence demanded the verdict, and the court did not err in refusing to graht a new trial.
Judgment affirmed.
Luke and Bloodworth, JJ., concur.