Hannon v. State, 226 So. 2d 90

SIMPSON, Justice.

This appeal is from a verdict and judgment of guilty of robbery and a sentence of 20 years and one day in the penitentiary.

Appellant contends only that the trial court erred in refusing to grant his request for a continuance because a witness who had been subpoenaed was not present, there being no return made of the subpoena.

We have repeatedly held that whether a continuance in a criminal case should be granted for absent witnesses is within the discretion of the trial judge. 6A Ala.Dig. Criminal Law "^594, et seq.

We have reviewed the record before us and cannot conclude that the trial judge abused his discretion.

Affirmed.

COLEMAN, HARWOOD, and BLOOD-WORTH, JJ., concur.

Case Details

Case Name: Hannon v. State

Court Name: Supreme Court of Alabama

Date Published: Aug 14, 1969

Citations: 226 So. 2d 90; 284 Ala. 487; 1969 Ala. LEXIS 1120; 2 Div. 521

Docket Number: 2 Div. 521

Court Abbreviation: Ala.