Handberry v. State

Hall, Judge.

The defendant appeals from his conviction of assault with intent to murder and sentence of two years.

When the case was called for trial the defendant’s counsel made a motion for continuance on the ground that the defendant was sick and unable physically to go to trial. He presented evidence that the defendant that morning had been discharged from the hospital where he had been treated for severe back . pain and referred to a neurosurgeon. The defendant testified that he was hurting and feeling bad but could answer questions, and that he was willing for the court to determine…