Nix v. State

Banke, Judge.

The appellant was convicted of burglary. On appeal she enumerates as error the refusal of the trial court to grant a continuance based on her attorney’s representation that he had not had sufficient time to prepare for trial. The attorney represented to the trial court that he had been appointed on “Friday.” The trial was held on a Thursday. Held:

Assuming that the “Friday” in question was the one previous to the trial date, the trial was held six days after the appointment. The case involved the burglary of the home of an acquaintance of the appellant, and the entry was witnessed…