Whittington v. State

Appellant, Truly Whittington, was convicted for the crime of knowingly receiving stolen property and sentenced to the penitentiary for a term of five years, from which judgment he appeals.

The first assignment of error argued is that the court erred in overruling the motion for a continuance. Appellant’s application for a continuance was based on the fact that his wife, Mrs. Loy Smith Whittington, was a material witness in his behalf; that she was unable to attend court on account of illness and was confined in the hospital and was physically unable to appear and testify. This fact was fully…