Perkins v. State

ON MOTION FOR REHEARING.

HAWKINS, Judge.

— Appellant insists that in treating his request to withdraw his announcement and continue the case as an application for a second continuance we were in error, asserting that when such request is predicated on article 551, C. C. P., which under certain circumstances allows continuance after trial has begun and that such request is not controlled by the same provisions of the statute as govern when the application for continuance is made in advance of the trial. It is certainly true that contingencies may arise after trial has begun bringing into…