Kirkpatrick v. State

BROOKS, Judge.

Appellant was convicted of murder in the second degree, and his punishment assessed at ten years confinement in the penitentiary.

Appellant presented a second application for continuance, which was overruled by the court. Appended to the bill presenting the matter is the following qualification of the court: “The witnesses Kay and .Stotts appealed and testified on the trial; the witnesses Mrs. Thorn is the mother of defendant and Mrs. Stapler is his aunt; both are very old and feeble and defendant lived with them up to a few months ago and now lives right near and knows their…