Harris v. State

ON MOTION FOR REHEARING.

LATTIMORE, Judge.

One who is tried more than six months after the return of the indictment against him, could hardly be held to have supplied a necessary averment in an application for continuance, to-wit: that this was the first application, by stating therein that he “was placed in jail on May 12th, 1929, and his case called for trial May 14, 1929.” For aught this court may know from such averment that accused may have been surrendered after arrest by his bondsmen, or may have been re-arrested and put in jail following the forfeiture of bail, etc. etc. It is not…