Palasota v. State

OPINION

ONION, Judge.

This is an appeal from a conviction for murder without malice with the punishment assessed by the jury at five years.

We find no ■'’•'•or in appellant’s complaint that the court erred in overruling his first motion for continuance based on the absence of the witness Albert Puhl-mann. The indictment was presented on November 26, 1968. On March 21, 1969, the case was set for trial on September 8, 1969. The motion for continuance filed on the day of trial did not set forth the facts expected to be proved by such witness nor was there an affidavit of such witness attached…