Martin v. State

Appellant was convicted of assault and battery with intent to gratify sexual desires on a four year old girl. The charge was by affidavit and the trial was by the court without a jury. Appellant charges the trial court erred in certain procedural matters, in allowing the five year old victim to testify and finding venue on insufficient evidence.

Appellant’s brief alleges error on the first point in two parts: (1) In the absence of the appellant, his counsel made his third motion for continuance of the trial which the trial court granted on the condition that no further request for continuance…