Dunn v. State

McMurray, Chief Judge.

Defendant was indicted for the offense of theft by taking the property of another of the value of $546 (a felony). He was tried and convicted of the offense of theft by taking of property of less than $200 in value (a misdemeanor) and was sentenced accordingly. Following the denial of his motion for new trial defendant appeals. Held:

1. After two continuances as to the hearing on the motion for new trial defendant’s counsel advised the court by letter that he would be unavailable at the hearing due to a conflict with court in another circuit and requested a continuance.…