State v. Myers

ON MOTION FOR REHEARING.

[4] — Respondent filed a motion for rehearing wherein it is asserted that we overlooked the principal point briefed by respondent, that is, that the "affidavits for continuance cannot merely state conclusions, but must state facts in support of a continuance." We did not overlook the point, but confess that our opinion could be so understood. The cases cited in support of respondent's contention are cases dealing mostly with the change of venue statute, sec. 4019, Rev. St. Mo. (1939), Mo. R.S.A. See State v. Hancock, 320 Mo. 254, 7 S.W.2d 275 and State v. London, 84…