McClendon v. State

PRENDERGAST, Judge.

Appellant was convicted of murder with the lowest penalty assessed.

He contends that the. court erred in overruling his motion for a continuance and in overruling his motion for a new trial on that ground. The killing of which he was convicted occurred on April 25, 1917. He was arrested for that offense on that date. The indictment was preferred October 12, 1917, which was doubtless the first term of court after the alleged offense. He was not tried until May 28, 1918. The witness for whom he sought a continuance was his wife. He had no process for her until May 11, 1918. It…