Alexander v. State

On Motion for Rehearing.

In view of appellant’s earnest contention that the motion for new trial, based upon the action of the trial court in overruling the application for a continuance, should have been granted, we have carefully reviewed the matter.

The motion for continuance contained the allegation that Dameron, a witness named therein, would testify that Docia Alexander, the daughter of appellant with whom the incest is charged to have taken place, had asked the witness to procure poison that she-might administer it to her father. On the *295motion for new trial, appellant set up the fact…