
    Cobb v. The State.
    Submitted February 19,
    Decided February 27, 1900
    Indictment for burglary. Before Judge Harris. Carroll superior court. October term, 1899.
    
      W. P. Gole and Felix N. Cobb, for plaintiff in error.
    
      T. A. Atkinson, solicitor-general, contra.
   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.  