Vollm v. State

Citations

• 96 Miss. 651
• 51 So. 275

Syllabus

<p>CRIMINAL Law and Procedure. Forgery. Continuance. Absent witness.</p> <p>Where in a prosecution for forgery the only witness to the writing, charged to have been forged by altering, was within the jurisdiction of the court, had been served with process hut was ill’ and unable to attend court, the defendant’s application for a continuance, showing that he expected to prove by her that the instrument; was in its present condition when signed and that he could prove the fact only by her, should not have been overruled; the case should have been continued or set for a later day, awaiting her attendance.</p>