Rice v. State

on motion for rehearing.

MORROW, Presiding Judge. —

Appellant insists that there was error in refusing to grant his motion for a continuance. From the bill of exceptions it appears that the appellant was indicted on the 22nd Day of December and arrested on the fol lowing day, that he was tried on the 31st of December, and that court adjourned on January 2nd.

Appellant avers that there was not sufficient time between the date of his arrest and the time for the expiration of the term of court within which to take the depositions; that Scott was confined at the State Farm at Roseberg. These…