LORE, C. J.
Morris McConnell was Indicted for larceny. Motion for a continuance. Continuance granted.
Argued before , and PENNEWILL, J.
Herbert H. Ward, Atty. Gen., for the State. J. Frank Bail, for defendant.
Mr. Ball, for defendant, moved for a continuance to the next term, basing his motion upon an alleged absence from the state of two material witnesses, naming them; setting forth that the said witnesses would testify that they were present at the time of the alleged larceny, and that the defendant"did not and could not" bare committed the offense charged.
The Attorney General objected to the sufficiency of the above affidavit, on the ground that the words "did not and could not" were conclusions of law, and not a statement of the evidence.
LORE, C. J. We think the affidavit is sufficient.
Let the case be continued to the next term.