Payne v. State

Shulman, Judge.

Defendant appeals his conviction of the offense of child molestation. We affirm.

1. In his first enumeration of error, appellant submits that it was error for the court to refuse to grant a continuance. We find no error in the court’s ruling.

When a witness for the state volunteered (without solicitation) that appellant had been in the penitentiary, the court declared a mistrial, calling the case again on the following day. At that time, defense counsel moved for a continuance, contending that since the jury that would be newly selected to try the defendant would (as members of…