Simmons v. State

Deen, Chief Judge.

The sole basis of this appeal is that the defendant was denied a continuance, which would have postponed his trial until such time as a co-indictee, Alexander, and his counsel had concluded plea bargaining offers which were in process between Alexander and his counsel on the one hand and the state, through the district attorney’s office, on the other. The appellant’s contention is that he was deprived of his Fifth Amendment rights, and that the nonaction of the district attorney’s office amounted to coercion to prevent Alexander from testifying in Simmons’ behalf, in that…