Johnson v. State

DAVIDSON, Presiding Judge.

Appellant was convicted of aggravated assault, his punishment being assessed at a fine of $50, the affidavit and information charging the assault was committed with premeditated design and by the use of means calculated to inflict great bodily injury.

1. We are of opinion that the court did not err in refusing to grant a continuance. It was the second application. The diligence was, we think, not sufficient, and besides, the application fails to state that the continuance was not sought for delay.

2. The remaining question is suggested on the theory that the evidence…