Mitchell v. State

ON REHEARING.

June 23, 1920.

LATTIMORE, Judge.

This case was affirmed at a former day of this term, and is before us on appellant’s motion for rehearing. It is urged in said motion that the application for continuance, made when the case was called for trial, should have been granted, because of the absence of Mrs. Alma Williams. Again examining the record in reference thereto, we find that said application contains no showing of any diligence whatever to secure the presence of said witness. The instant trial began January 26, 1920. The indictment shows to have been returned September 4, 1918, a…