Gunter v. State

ON MOTION FOR REHEARING.

DAVIDSON, Judge.

In his motion for rehearing, appellant insists that we erred in holding that the trial court did not abuse his discretion in refusing to grant a new trial because of the absence of the testimony of the witness J. A. Clarkston, as shown in appellant’s second application for a continuance. We have again examined the record and remain of the opinion that the case was correctly disposed of originally. The fact that the witness Clarkston, who was under process, had never appeared in obedience to that process, and that the case had once before been continued…