Kelly v. State

ON MOTION FOR REHEARING.

BEAUCHAMP, Judge.

■ The record having been corrected so as to show the entry of notice of appeal in this case, the former order of the court dismissing the appeal is set aside and the case will be considered on its merits.

The appellant, a physician, filed a motion for a continuance setting up the fact that “he is 72 years of age and does not feel that he is able to stand the nervous strain and physical endurance of attending trial of the above case at this time.” He attached a physician’s certificate which, to some extent, sustains his contention, but which is primarily…