Leaks v. State

ON MOTION FOR REHEARING.

HAWKINS, Judge.

Appellant predicates his motion for rehearing on the claim that this court was in error in disposing' of the bill of exception complaining of the trial court’s action in overruling appellant’s application for continuance.

The application was based on the absence of three witnesses, Hogan, Tom and Bailey. There is no statement in the application for continuance showing what became of the process which, was issued for said witnesses. In that respect the application for continuance was bad on its face. In addition to the authorities cited upon the point in…