Johnson v. State

Appellant was indicted for assault with intent to murder and was convicted of assault and battery.

At the time the case was set for trial in the circuit court, appellant, with counsel, appeared and, before entering upon the trial, moved for a continuance of the case on the grounds: (1) The court had not provided by written direction to the clerk for the holding of this term of court. (2) Neither the defendant nor his attorney had been notified by personal service or by mail of the date of holding the special session of the court. (3) The cause was not entered on the trial docket twenty days…