Green v. State

LATTIMORE, Judge.

Conviction for murder; punishment, thirty-five years in the penitentiary.

We find in the record two bills of exception, one complaining of the refusal of a continuance, and the other taken to the refusal of a new trial based in part on the refusal of said continuance and in part on the claimed insufficience of the testimony.

The application for continuance contains nothing from which it could be inferred that same was a first application. In such case the rules and the decisions of this court require that same be considered as a subsequent application. Mitchell v. State, 87…