State v. McClelland

1 Citing case

  1. State v. Newton

    225 N.W.2d 562 (Neb. 1975)   Cited 6 times

    This court has repeatedly said that an application for postponement of trial is addressed to the sound discretion of the trial court and an order denying it will not be disturbed on appeal unless there is a clear abuse of discretion. See State v. McClelland, 188 Neb. 699, 199 N.W.2d 11. A motion to continue a trial indefinitely until a witness can be found where there is no information as to the witness' whereabouts nor any showing that either the witness' personal attendance or testimony will probably be obtained is almost frivolous under the circumstances here. See, Kennedy v. State, 171 Neb. 160, 105 N.W.2d 710; Hubbard v. State, 65 Neb. 805, 91 N.W. 869. The trial court's denial of the motion for continuance was clearly correct. There was adequate time for preparation for trial and adequate time to locate and subpoena any desired witnesses.