Cockrell v. State

McCORD, Judge.

Appellant was tried and convicted in the court below of assault with intent to rape and his punishment assessed at confinement in the penitentiary for a period- of three years; hence this appeal.

We find in the record a bill of exceptions to the action of the court in overruling the defendant’s application for a continuance. The hill of exceptions discloses that the diligence was sufficient, and further, that when the application for continuance was presented in the court below the same was overruled by the court on the statement of the district attorney that he xvould procure…