Stewart v. State

Plaintiff in error, hereinafter called defendant, was convicted in the district court of McCur-tain county of the crime of burglary in the second degree, and his punishment fixed by the jury at imprisonment in the state penitentiary for a period of three years.

Judgment was entered on the BOth day of October, 1930. The appeal was filed in this court on the 29th day of April, 1931.

Defendant contends first that the court erred in overruling his application for a continuance. This application was based upon two grounds: First, the absence of his leading counsel. The record discloses that his…