
    25331.
    Harden v. The State.
    Decided December 20, 1935.
    
      Harry L. Taylor, R. I. Stephens, for plaintiff in error.
    
      Lester F. Watson, solicitor, contra.
   Broyles, C. J.

Under the facts as disclosed by the record, the court erred in overruling the defendant’s motion for a continuance, based on the absence of a material witness who had been subpoenaed for the defense; and that error rendered further proceedings nugatory.

Judgment reversed.

MacIntyre and Guerry, JJ., concur.  