State v. Sipe

— From a conviction and judgment for operating a motor vehicle upon the public highways while intoxicated, the defendant appeals.

Appellant’s first assigned error is to ' the effect that the trial court committed error in overruling his motion for a continuance.

The Information, charging the offense to have occurred on October 23, 1948, was filed October 25, 1948, at which time the appellant appeared, waived formal arraignment and entered a plea of not guilty. The case was assigned for trial on November 1, 1948. On the morning of November 1, 1948, appellant filed a motion for a continuance,…