Martinez v. State

BEAUCHAMP, Judge.

• Appellant was assessed, a penalty of fifty years on a charge of murder. The indictment was returned on the 11th day of June, 1941, and his case was called for trial on the 14th day of July, 1941, at which time appellant filed his motion for continuance based on the absence of a witness who was confined in a hospital with a broken limb. Proper showing was made that the witness had been subpoenaed and that he was unable to attend the trial as a witness. The court overruled the motion and this is presented as the sole ground upon which this court is asked to reverse the case.

In…