Title 17, Chapter 8, Section 33
( 17-8-33)
(a) Every person against whom a true bill of indictment is found or
an accusation is made shall be tried at the term of the court at
which the indictment is found or the accusation is made unless the
absence of a material witness or the principles of justice should
require a continuance of the case, in which case the court shall
allow a continuance until the next term of the court. The court
shall have power to allow the continuance of criminal cases from
term to term, as often as the principles of justice may require,
upon sufficient cause shown under oath. (b) No continuance shall be granted over the objection of the
adverse party in any court which has a continuous session for 30
days or more where the cause for the continuance can be obviated by
a postponement to a later day during the term. Whenever a motion and
a proper showing for a continuance is made by either party, the
presiding judge, at any time, shall set the case down for a later
day during the same term if it shall be practicable thereby to avoid
a continuance of the case until the next term. |