Applegate v. State

ON MOTION FOR REHEARING.

LATTIMORE, Judge.

In that part of our opinion in which we held it not error to have refused the application for continuance made because of the absence of Mrs. Ardell Thomas and her mother, we have concluded upon mature reflection that we were in error.

There was no question raised as to the diligence used to secure the presence of said witnesses, nor of the fact that sufficient reasons were shown why they could not be present at the trial. Succintly stated, it was set up that if present these witnesses would give testimony which, if believed, would show a complete alibi…