Luster v. State

PRENDERGAST, Judge.

The appellant was indicted by the grand jury of Marion County for the murder of his wife, on April 26, 1910, was convicted, and the death penalty inflicted.

Appellant made a motion for a continuance on two grounds, the first because his attorneys, who were appointed by the court, had not had sufficient time to prepare the defense for the defendant. The other ground was on account of the absence of two witnesses.

The facts show that the defendant was indicted October 31, 1910, and was then in the Marion County jail; that the court that day set November 18th for the trial, and…