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Fish, J. 1. Irrespective of the counter-showing made by the State, the motion of the accused for a continuance, upon the ground of absent witnesses, was insufficient, in that it was not shown that the application was not made for the purpose of delay. Penal Code, § 962; Newsome v. State, 61 Ga. 481; Boggess v. Lowrey, 78 Ga. 353; Burnett v. State, 87 Ga. 622; Johnson v. State, 95 Ga. 499; Tomlin v. State, ante.
2. The evidence warranted the verdict and there was no error in overruling the motion for a new trial.
Judgment affirmed.
All the Justices concurring.
Document Info
Citation Numbers: 110 Ga. 314, 35 S.E. 178, 1900 Ga. LEXIS 404
Judges: Fish
Filed Date: 2/27/1900
Precedential Status: Precedential
Modified Date: 10/19/2024