
    Burnett v. The State.
    Criminal law. Continuance. Practice. Evidence. Witness.
    1. A showing for a continuance on the ground of the absence and illness of leading counsel is' not complete, under section 3525 of the code, without a statement on oath that the application is not made for delay only. Where the showing was thus deficient, and the presiding judge'had given notice to boih the leading and associate counsel a month before the trial that the case would not again'be continued for illness of the former, it having been previously continued on the same ground, there was no abuse of discretion in overruling the motion.
    2. The code, 24696, requires the evidence given in on the trial of a felony to be taken down; and by 24696(a), the official stenographic reporter is the officer to perform this duty. His report, proved by him to be correct, although he may not remember the testimony, is competent evidence in another case of what a witness swore upon the trial at which the report was made, in so far as the same may be pertinent and otherwise competent.
    3. The State may read in evidence a part of such report without putting in the whole, the other.party being at liberty to introduce the balance, or so much thereof as is pertinent. Pound v. The State, 43 Ga. 89.
    4. What a witness voluntarily testified at a former trial of another party for the homicide is not privileged on a trial of the witness himself for the same homicide. It may be given in evidence against him as an admission.
    5. It does not legally appear to this court that the verdict was not warranted by the evidence.
    July 13, 1891.
    From Crawford superior court. October term, 1890. Before Judge Miller.
   Judgment affirmed.

A. O. Bacon, M. G. Bayne and R. D. Smith,-tor plaintiff'in error. -

W. H. Felton, J r., solicitor-general, by Fatterson, contra.  