HOBSON, Justice.
Defendant here appeals from judgment entered consequent upon a verdict of guilty of murder in the second degree.
Before trial, appellant moved for a continuance of nearly five months, upon the ground that a material eyewitness was absent from the state. It was stipulated, however, that this alleged eyewitness, if he were present at the trial, would make the same answers which he had given upon a deposition which had been taken. These answers...
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