Cartee v. State

L. T. Cartee and Clarence Mimms were jointly indicted and tried for the offense of cattle stealing. Both were convicted and each moved for a new trial. Their identical motions, based upon the usual general grounds and three special grounds, were overruled and each defendant excepted. A decision in one case will be decisive of the other, and two cases are decided here together.

1. In special ground 1 of the amended motion for a new trial, error is assigned on the trial court’s refusal to grant a continuance or postponement of the trial. It appears that, when the case was sounded, counsel for…