King v. State

BELCHER, Judge.

Appellants were jointly tried and convicted for murder with malice. Appellant Flotie King was assessed a penalty of 10 years and appellant Tommy King was assessed a penalty of 12 years.

In view of the disposition we make of this case, a summary of the facts will be omitted.

Appellants sought a continuance on the ground that one of their attorneys was a member of the legislature and then in attendance on a session of such legislature.

This application for a continuance is based upon Art. 2168a, Vernon’s Ann. C.S., as amended in 1949, which provides

“In all suits, either civil or…