11 S.E.2d 102 | Ga. Ct. App. | 1940
1. "In all applications for continuances upon the ground of the absence of a witness, it shall be shown to the court that the witness is absent; that he has been subpoenaed; that he resides in the *353
county where the case is pending; that his testimony is material; that such witness is not absent by the permission, directly or indirectly, of such applicant; that he expects he will be able to procure the testimony of such witness at the next term of the court; and that such application is not made for the purpose of delay, but to enable the party to procure the testimony of such absent witness; and must state the facts expected to be proved by such absent witness." Code, § 81-1410. In this case the showing for continuance did not meet the above requirements. Smith v. State,
Judgment affirmed. Broyles, C. J., andMacIntyre, J., concur.
