Caldwell v. State

Citations

• 85 Miss. 383

Syllabus

<p>Criminal Law. Continuam.ee. Absent witness. Admission of what witness will testify.</p> <p>Where a witness, on account of whose absence a continuance in a criminal case was asked, was shown by the record to have been duly subpoenaed, and to live a short distance from the courthouse, and to be too sick to attend the trial, and these facts were not contested by the state, and the testimony of the witness was material, the trial should have been postponed until the attendance of the witness could have been procured, although the prosecuting attorney admitted that the witness, if present, would testify as stated in the application.</p>