Where defendant could have served a subpoena on a witness at an earlier date but failed to do so, the court does not err in denying a continuance because at the time of trial the witness was outside the subpoena power of the court. Coker v. State, 87 Ga. App. 411 (1) ( 74 S.E.2d 12) (1953). 8. Defendant argues the court erred in excluding the testimony of a witness that she had been told by a friend of the child's mother, at the child custody hearing prior to the report of child molestation, "It's not over yet, we've got our bag of tricks."
The record shows: that the appellant was represented by counsel for several weeks prior to trial; that the appellant failed to inform his counsel that the presence of the witness was necessary and material to his defense; that no subpoena was issued for the witness by the appellant or his attorney. The denial of the motion for a continuance was not error. Code ยง 27-415; Coker v. State, 87 Ga. App. 411 (1) ( 74 S.E.2d 12). 2.