Hogue v. State

BEAUCHAMP, Judge.

The appeal is from a conviction for robbery with a penalty of twenty-five years in the penitentiary.

A motion for a continuance was presented and overruled. This was an equitable motion as distinguished from a statutory motion. Such a motion is addressed to the discretionary powers of the trial court. We are unable to agree that in the instant case the trial court abused that discretion.

It appears that one Billy Gale Henry was also under indictment for the same offense. Appellant sought by motion for severance to have Henry first placed upon trial. Complaint is made of the…