51 So. 275 | Miss. | 1910
delivered the opinion of the court.
We think the court below erred in not granting the continuance, or, at least, in not setting the ease for a later day in the term. The application for continuance was based on the ground that Mrs. A. E. Hall, who was a witness to the execution of the receipt in question, and who was within the jurisdiction of the court, and had been served with process, and who was then in the county, but sick, would testify “that the clause alleged to have been unlawfully inserted in the receipt 'was in ■said receipt when said I. 0. Prather signed it,” and “that defendant did not insert into said receipt or instrument the words •and matter set out in said indictment as having been inserted by defendant after Prather signed the receipt.” The affidavit for
Reversed and remanded.