Knox v. State

ON MOTION FOR REHEARING.

LATTIMORE, Judge.

Appellant again insists upon error in the refusal of his application for a continuance because of the absence of Mrs. Turner. The facts in this case show that the bank at Tehaucana in Limestone county, was robbed at about 3 o’clock P. M. on November 3, 1927. Appellant was identified as one of the robbers. In his application for continuance he set up that he could prove by Mrs. Turner that she saw him in Terrell, Kaufman county, at 3 o’clock P. M. on November 3, 1927. This application was controverted by the State, and the affidavit of Mrs. Turner was…