Hanks v. State

From a sentence of seven years’ imprisonment in the penitentiary for committing rape, Jerry Hanks, who will be referred to as the accused, has prosecuted a petition in error to this court.

The court did not err in refusing to continue the case. By agreement of the county attorney and counsel for the *466accused, the case had been set for trial on a day certain, and there is no suggestion that the absence of the alleged witnesses was not known to Mr. Hanks or to his counsel at the time that agreement was made, nor is there a sufficient showing of diligence to procure the witnesses for the trial.

Over…