Tuck v. State

ON MOTION FOR REHEARING.

WOODLEY, Judge.

By supplemental transcript it is shown that the time for filing bills of exception was further extended by order of the trial court to July 20, 1949. The bills of exception will therefore be considered.

Bill No. 1 complains of the overruling of appellant’s third motion for continuance because of the absence of the witnesses A. J. Lemmert and Mrs. A. E. Tuck.

It was alleged in the motion that from newspaper accounts appellant had learned that the alleged homicide was supposed to have been committed at or about the hours of one or two o’clock A. M. in the…