Brannan v. State

ON MOTION FOR REHEARING BY STATE.

HAWKINS, Judge.

The state has filed a motion for rehearing calling attention to a matter not discussed in our original opinion. An argument in behalf of the state was then on file which presents the point now insisted upon, but it was in a separate document from the brief filed by the state and the document containing the argument was overlooked.

The state insists that the application for continuance — the refusal of which was made the basis of complaint — was in fact a second application for continuance and was fatally defective for having omitted therefrom the…