Butler v. State

BERRY, Judge.

The offense is murder, punishment fixed at ten years in the penitentiary.

The appellant filed a first application for a continuance on account of the absence of the witness Kinard, and in the application he alleged that he expected to prove by Kinard that he bore a good reputation as a peaceable, law-abiding citizen in the community where he lived. The rule is that if the trial court, in the exercise of his sound discretion, refuses a continuance sought only to secure proof of the good character of the defendant, such ruling will not ordinarily cause a reversal. Duncan v. State,…