Presley v. State

The defendant, Lon Presley, was charged in the district court of Pottawatomie county by information with the crime of assault with intent to kill, was tried, convicted and sentenced to' serve five years in the State Penitentiary, and has appealed.

The only ground urged for a reversal of this case is that the trial court erred in overruling the motion for continuance filed by defendant.

The motion for continuance reads as follows:

“Comes now the defendant and moves the Court to continue the trial of the above entitled cause now set for hearing on the 11th day of September, 1940, for the reason…