Caldwell v. State

ON MOTION FOR REHEARING.

LATTIMORE, Judge.

— Appellant moves for rehearing, asserting that the court’s approval of the fact that when his application for continuance was overruled, he then excepted to such action which was noted on the docket, — is tantamount to a separate bill of exceptions. We do not think so. It has been uniformly held by this court that complaint of the overruling of an application for continuance must be brought forward by a separate bill of exceptions presented to the court and.by him considered after the case is concluded. The reason is apparent. It might easily be that…