Halbert v. State

ON REHEARING.

HAWKINS, Judge.

Appellant predicates his motion for rehearing on the proposition that we were wrong in the conclusion reached regarding his second application for continuance.

The showing of diligence as to the absent witness Smith appears in the application as follows: “On the first day of the March Term 1931 of this Court, to-wit: On March 2nd, 1931, defendant by his counsel made application for the issuance of a subpoena for said witness to compel his attendance as a witness for defendant in this cause, giving the place of residence, the exact location and vocation of said…