Gray v. State

on rehearing.

October 13, 1920.

DAVIDSON, Presiding Judge.

Appellant has filed a motion for rehearing alleging that the court was in error in affirming the judgment at the last term of this court. Appellant alleges in one of the grounds of the motion for new trial that defendant was absent during the presentation of his application for a continuance. The court heard evidence and overruled appellant’s contention. In disposing of the case the opinion stated that evidence taken on the motion for new trial with reference to the grounds thereof could not be considered unless filed during the term of…