Baker v. State

OPINION

ODOM, Judge.

This appeal is from a conviction for the offense of attempting to pass as true a forged instrument; the punishment was assessed by the court at four years.

Appellant alleges two grounds of error.

First, the contention is that: “The Trial Court reversibly erred in overruling appellant’s First Formal Motion for Continuance.”

The motion for continuance was based on the absence of a defense witness.

Article 29.06, Sec. 6, V.A.C.C.P., states, in part:

“If a motion for continuance be overruled, and the defendant convicted, if it appear upon the trial that the evidence of the witness…