Hamilton v. State

HARPER, Judge.

Appellant was convicted of rape on a girl under fifteen years of age, and prosecutes an appeal to this court.

Appellant moved to continue this case on account of the absence of three witnesses. Two of them, however, were in attendance on court during the trial, and one of them testified, appellant deciding not to use the other one. The attendance of the third witness, Mrs. Lizzie King, was not secured; however, her testimony would be but cumulative of that of a number of witnesses who testified on the trial, and this not being the first trial of the case, it would not be ground…