Wade

The defendant was charged with the crime of seducing an unmarried female of previous chaste character, under promise of marriage. He was convicted and sentenced to pay a fine of three thousand dollars, and in default of payment to be imprisoned one day for each four dollars of the fine, until the same is satisfied. From that judgment and an order denying his motion for a new trial he has appealed.

1. When the case was called for trial, the defendant moved for a continuance, and in support of his motion read and filed seven affidavits made by him. The motion was denied, and this ruling is assigned, as error.

Each of the said affidavits named a person who, it was said, would be a material witness for the defense, and stated what was expected to be proved by the witness. It then stated that a subpoena for the witness had been issued and placed in the hands of the sheriff for service, but returned, showing by the return indorsed thereon that after due search and diligent inquiry the officer Lad been unable to find the said witness in his county. In six of the affidavits the affiant stated that he had personally made search and diligent inquiry for the witnesses named therein, but…