
    STATE v. MARKHAM.
    If in a criminal case the state applies for a continuance cause must be shewn on affidavit.
    Indictment for Horse-stealing.—The attorney general moved for a continuance.
   Objected, that it ought not to be granted, unless upon affidavit of the prosecutor.

The Attorney general admitted the practice, and that it was necessary for the state to lay some ground for a continuance. Upon which an affidavit of the prosecutor was produced, shewing that the witness had been bound to appear, and that he was absent on account of sicknes, as he was informed.

The cause was continued.  