Garland v. State

On Motion for Rehearing.

LATTIMORE, J.

Appellant again insists that his application for a continuance should not be treated as a subsequent application. No dispute appears of tbe fact that appellant’s case was postponed at bis request prior to itá call for trial when this application for continuance was made. Tbe law is plain. When presented upon this call for trial, it became and was a second application for continuance. Mulita v. State (Tex. Cr. App.) 24 S.W.(2d) 423; Green v. State (Tex. Cr. App.) 23 S.W.(2d) 721; Brannan v. State, 108 Tex. Cr. R. 418, 1 S.W.(2d) 279; Ferguson v. State, 101…