State v. Belcher

OPINION

HENDLEY, Judge.

Convicted of forgery, Defendant appeals. His sole point on appeal is that the trial court abused its discretion in not granting a motion for continuance.

■ We affirm.

The motion was filed four days prior to trial and recited that it was necessary to obtain subpoenas for two out-of-state witnesses, who did not testify, and one instate witness, who did testify at trial.

At the hearing on the motion the following facts emerged. Counsel was appointed on August 31, 1970, and talked to defendant about witnesses. No witnesses were named. On December 7, 1970, after notice of a…