State v. Garcia

Citations

• 26 N.M. 70
• 188 P. 1104

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. In applying- for a continuance, a party, in showing efforts constituting due diligence used in obtaining witnesses, must state facts with such definiteness and certainty that the court may determine whether they amount to legal diligence. P. 71</p> <p>2. The motion for continuance must show some probability of procuring- absent witnesses or testimony, should the continuance be granted. P. 71</p> <p>3. The granting or denying of a motion for continuance is in the sound discretion of the court, and unless such discretion- has been abused, to the injury of the party applying therefor, the denial does not constitute error. P. 71</p> <p>4. Where the evidence establishes the forgery of a bank check, it is wholly immaterial as to whether the check was ever presented for payment or not. P. 72</p>