Conley v. People

Citations

• 80 Ill. 236

Syllabus

<p>Continuance—when affidavit is sufficient it is error to refuse continuance in criminal case. An affidavit for a continuance in a criminal case, where the defendant was arrested on the 9th of the month and kept in jail until the 14th of the same month, and then brought out for trial on an indictment found in the interim between the 9th and 14th, -which states facts from which the court can see that a witness, whose name and residence is given, is absent without the consent or procurement of the accused, that he has used every possible means within his power to prepare for trial, and that he expects to be able to procure the attendance of the witness at the next term of court, and that the facts which are stated as expected to be proved by such witness are material to the defense, is .sufficient, and it is error to refuse a continuance upon such an affidavit.</p>