Waller v. State

CARR, Judge.

In the court below the appellant was convicted on a charge of rape.

On April 22, 1946, the court made an order that the venire in the case should consist of one hundred persons, including the jurors' drawn for the regular jury for the week. It appears in the order that there were seventy regular jurors and thirty additional names were drawn. The case was set for trial on the 1st day of May, 1946.

On the day set for trial, appellant’s attorney moved for a continuance^ of the cause on the ground of the absence of a. material witness. The motion was overruled and a continuance denied.

Co…