Bonner v. State

ON APPELLANT’S MOTION FOR REHEARING.

HAWKINS, Judge.

Appellant insists that we were in error in holding that his first application for a continuance was properly overruled. It • is observed that the indictment was returned , on the 28th of February, 1935, and that the trial was had on the 15th of April of the same year. Appellant waited until two days before the trial to make application for process for the absent witnesses. He offered no valid excuse for the delay. Under the circumstances, we think it is manifest that the diligence was insufficient. It is well settled that the burden rests…