From
Jackson Circuit Court; Oren O. Swails, Judge.
Prosecution
by the State of Indiana against William Connors. From a
judgment of conviction, the defendant appeals.
Reversed.
OPINION
Erwin
J.
This
was a prosecution for burglary, alleged to have been
committed on March 19, 1915. Appellant was arrested on March
19, and confined in jail until March 29. On
March 25, 1915, the same being the twenty-second day of March
term of said court, the prosecuting attorney filed an
affidavit charging appellant, with others, with the crime of
burglary. On March 29, his case was set for trial for April
1, 1915. On the day on which his trial was to begin he made
application to defend as a poor person. The application was
granted and appellant was assigned counsel who presented on
behalf of his client, a verified motion for a continuance
which motion, omitting formal parts is as follows:
"William Connors being duly sworn says that he is one of
the defendants in the above entitled cause; that he cannot go
to trial on this the first day of April, 1915, or on any day
at the present term of this court on account of the absence
of Henry Stephens, a competent witness in his behalf and
whose evidence is material to his defense. That said witness
resides in the city of Louisville in the state of Kentucky,
and that said witness is now at Louisville in the state of
Kentucky, as affiant is informed and believes. That affiant
believes that if said witness were present he would testify
to the following facts: That this defendant and said witness
were together during all of the day of the 18th of March,
1915, all of the night of said day and all of the night and
morning of the 19th day of March, 1915, until about 7 a. m.
on the morning of March 19, 1915, and was with affiant at the
identical time the storehouse of John T. Glasson is alleged
and claimed to have been robbed on the morning of March 19,
1915, or the night of March 18, 1915, and that this affiant
did not in any manner know of or participate in the entry
into said John T. Glasson's storehouse as alleged in the
affidavit herein, for the purpose of committing a felony or
for any other purpose whatever; that this affiant was at the
time said store is alleged to have been entered and
burglarized, on said date with said witness, and were at said
time at least three miles from Reddington, Jackson County,
Indiana, and at least three miles away from said storehouse,
and that this affiant had no knowledge that said storehouse
was to be entered and burglarized, or that it
had been entered and burglarized until many hours after the
said crime charged herein had been committed; that this
affiant had no knowledge of or connection with the entering
and burglarizing of said storehouse or store as charged in
the affidavit herein, and that affiant is not in any manner
guilty of the crime charged against him herein, and that he
is wholly innocent of said crime, of entering said store and
of burglarizing said store as charged herein. That affiant
believes said facts to which said witness would testify, if...
