Mosley v. State

Banke, Presiding Judge.

The appellant was convicted of one count of cruelty to children and one count of child molestation. He brings this appeal from the denial of his motion for new trial. Held:

1. The appellant contends that the trial court erred in refusing to grant him a continuance following the state’s disclosure, immediately prior to trial, that the offense charged in one of the counts of the indictment had in fact occurred seven days earlier than the date alleged in the indictment. Although the court responded by severing that count, the appellant nevertheless maintains that he was…