Suber v. State

DAVIDSON, Presiding Judge.

This is a conviction for burglary with an assessed punishment of two years in the penitentiary.

There is but one question presented we think that needs consideration, to-wit: the overruling of the motion for continuance. The indictment was returned in March. There was some issue as to whether process was issued or not prior to the 14th of the following September, which was the succeeding term of the court. The case had been set for the 16th of September in' the latter part of August. On the 14th of September the process was issued. It shows service on all witnesses…