So where counsel suddenly abandons the defendant's case the day before the trial, to the surprise of the defendant, and the defendant promptly causes subpoenas to issue and makes an effort to have his witness present, but could not find them, he, under such state of his case, is entitled to a continuance and it is error for the court to refuse.15

10 Price vs. People, 131 Ill., 231;

Dacey vs. People, 116 Ill., 562; Brooks vs. Com., 100 Ky., 194; Williams vs. People, 164 Ill., 482.

11 North vs. People, 139 Ill., 98;

State vs. Dakin, 52 Iowa, 395.

12 North vs. People, 139 I11., 98;

State vs. Simpson, 38 La., 23. 13 North vs. People, 139 111., 98. 14 Price vs. People, 131 Ill., 233. 15 Wray vs. People, 78 Ill., 213;

Claxon vs. Com., 17 Ky. L., 284.