
    Rogers v. The State.
    Simmons, O. J. — Where a motion for a new trial had been twice continued for want of papers, the absence of which was attributable either to the fault or negligence of the counsel for the movant, and where, upon the motion coming on the third time for a hearing, the papers were still absent, and no sufficient cause for their non-production was shown, nor any motion made for a further continuance, this court will not reverse a judgment dismissing the motion for the want of papers. Inasmuch, however, as the present-case involves the imprisonment of the accused for life, direction is given that the presiding judge may, in his discretion, reinstate the motion for a new trial and hear and determine the same upon its merits.
    February 18, 1895.
    By two Justices'.
    Motion for new trial. Before Judge Gamble. Washington superior court. September term, 1894.
    Charles M. Tyson and Hines & Hale, for plaintiff in error. J. M. Terrell, attorney-general, B. X). Evans, Jr.,, solicitor-general, and Harris & Bawlings, contra.
    
   Judgment affirmed, with direction.  