Renfroe v. State

ON MOTION FOR REHEARING.

HAWKINS, Presiding Judge.

Appellant questions the conclusion reached in our original opinion that the trial court was not shown to have committed error in overruling. appellant’s second application for a continuance, and especially urges that we were not justified under the record in saying that the witness Bancroft had “moved” to the State of Tennessee.

The application for continuance was based upon the absence of three witnesses, Moffett, Kiser and .Bancroft. Moffett appeared and testified. Kiser was wanted to testify as to an assaúlt made upon him by Starling, the…