State v. Le Beau

DALTON, Judge.

Defendant was convicted of robbery in the first degree and his punishment assessed at imprisonment in the state penitentiary for a term of ten years. See Sections 560.120 and 560.135 RSMo 1949, V. A.M.S. He has appealed and filed a full transcript and a brief, but has made only one assignment of error, to wit, that the trial court abused its discretion in overruling his application for a continuance on the day the cause went to trial.

Before reviewing the facts, we may say, that the application for a continuance was based upon the absence of two non-resident material witnesses on…