The opinion of the Court was delivered by

The affidavit for continuance, the refusal of which is the only error assigned, is fatally defective in this: that it fails to aver inability to prove the facts referred to otherwise than by the witnesses ■of whose absence he complains. State vs. Comstock, 36 Ann. 308. Bishop Cr. Proc., sec. 951 a.

Judgment affirmed.