Garcia v. State

ON APPELLANT’S MOTION FOR REHEARING

DAVIDSON, Judge.

Appellant presses upon us his contention that he was entitled to a continuance in order that he might have the benefit of the testimony of the witness Fannie Curtiss and that we erred in upholding the trial court’s action in overruling the application for a continuance and the motion for new trial based thereon.

Whether the application for continuance was the third, as *254contended by appellant, or the sixth, as suggested in our opinion, is not material.

All subsequent motions for continuance — that is, motions after the first — fall within the…