Herd v. State

ON MOTION FOR REHEARING.

HAWKINS, Judge.

The state takes the position under authority of Griffith v. State, 138 S. W. 1016, Coffey v. State, 198 S. W. 326 and Oneal v. State, 146 S. W. 938, that the postponement granted on the 27th day of January to the 13th day of February should be regarded as a continuance, and that having been granted at appellant’s request it should be held a waiver of his right to demand a copy of the indictment. Attention is called to the fact that in each of the three cases mentioned the application by appellant was for a “continuance” which was denied, but a…