Krenek v. State

ON MOTION FOR REHEARING.

MORROW, Presiding Judge.

As we understand the record, appellant was indicted on January 9, 1924, and his case set for trial February 20th. Of this he became aware on January 11th. When the case was called on February 20th, it was, upon his application because of the absence of the witness, Dr. W. R. Newton, continued and reset for the 26th of March. It appears from the record that Dr. Newton was a resident physician of the county; that he had not been subpoenaed; that he was temporarily absent from the county, in the city of Chicago, to which point he had started on the…