GA 17-8-25 - GA 17-8-25

Evidence Demonstrating reasonable expectation that witness appear. - Defendant who complied with all of the requirements of O.C.G.A. § 17-8-25 except one and demonstrated that the defendant expected the witness to be in court the next day, because officers were to get the witness, should have received a continuance. Miller v. State, 208 Ga. App. 20 , 430 S.E.2d 159 (1993). It was not incumbent upon defense counsel to state with certitude just when the witness would be available to testify. It was enough that defense counsel demonstrated that defense counsel reasonably expected that the witness's presence could be obtained without undue delay. Miller v. State, 208 Ga. App. 20 , 430 S.E.2d 159 (1993). Facts to which the absent witness would testify must appear in the showing for a continuanc...