State v. Wilburn

CLARK, Judge.

On 9 March 1981, one day prior to the trial, defendant’s attorney filed a motion for continuance until 11 May 1981. He also filed a notice informing the court that he represented defendant for the limited purpose of moving for the continuance. The court denied the motion and ordered defendant to proceed to trial. Defendant has assigned error to the court’s denial of this motion for continuance.

The record on appeal reveals that on 4 August 1980 defendant was indicted for attempting to obtain property by false pretenses. He was indicted on the conspiracy charge approximately three…