State v. Leary

Citations

• 111 La. 301
• 35 So. 559
• 1903 La. LEXIS 531

Syllabus

<p>CRIMINAL LAW—CONTINUANCE—SUFFICIENCY OF MOTION.</p> <p>1. A motion and affidavit for a continuance which do not set forth the names and residences of the witnesses, nor the facts which they are expected to prove, nor their materiality to the case, nor why their presence cannot be had, are fatally defective. 1 Bishop on Grim. Proc. p. 571.</p> <p>2. It is left to the sound discretion of the district judge to determine what time should be allowed counsel for the purpose of preparing the defense, and his ruling will not be revised on appeal unless it is shown that he acted arbitrarily and was guilty of a denial of justice. State v. Wilson, 33 La. Ann. 261.</p> <p>(Syllabus by the Court.)</p>