Douglas v. State

ON MOTION FOR REHEARING.

HAWKINS, Presiding Judge.

Appellant renews complaint because the trial court refused his application for continuance based upon the absence of the witness Billie Barber. In our original opinion we said there was no averment in the application that the evidence could not be procured from any other source. In this we were in error. There is such an averment in the application, but we adhere to the conclusion reached that the trial court properly denied the continuance. Furthermore, we think the point was not properly before us and might have been ignored entirely. No bill…