Clark v. State

Banke, Judge.

The appellant appeals his conviction of aggravated assault. On the afternoon of his trial, he sought a continuance on the ground that his family had recently become able to retain a private attorney for him. He was at the time represented by appointed counsel, who apparently had spoken that morning to the private attorney in question. The latter was apparently willing to undertake the case but was unprepared to do so immediately. Appointed counsel requested that the case be “put over at least one time.” Held:

1. A motion for continuance is addressed to the sound discretion of the…