Walker v. State

Citations

• 129 Miss. 449
• 92 So. 580

Syllabus

<p>Ckimistal Law. Denial of continuance for absence because of illness of only witness for defendant held error.</p> <p>Where the defendant in a criminal case made application for a continuance because of the illness and inability of his wife to attend and testify in his behalf, she being the only witness to the facts favorable to the defendant, and the state refusing to admit the truth of her evidence as set out in the application for a continuance, it was error to overrule the motion for a continuance, although the state admitted she would so testify it present as set out in the affidavit. Scott v. State, 80 Miss. 1’97, 31 So. 710, cited. I</p>