Ikner v. State

OPINION

ONION, Presiding Judge.

This is an appeal from a conviction for sale of marihuana with the punishment being assessed by the jury at five years.

We find no error in appellant’s complaint that the court erred in overruling his first motion for continuance based on the absence of two unknown witnesses. The indictment was returned on June 4, 1970. On August 3, 1970, both parties announced ready for trial. 1 The motion for continuance reflects it was filed the day prior to trial (August 26, 1970). Such motion was not sworn to by the appellant personally as required by Article 29.08, Vernon’s…