Johnson v. State

ON MOTION FOR REHEARING.

LATTIMORE, Judge.

Appellant again urges that it was error to refuse him a continuance. In addition to what we originally said, and as upholding the discretion of the trial judge in his conclusion that there would likely not have been a *18different result had the absent witness been present and testified, we observe that the State, in supporting its controversy of the application for continuance, presented the affidavits of two doctors who knew the absent witness, — who was appellant’s mother, — both of whom swore that in their opinion, based on examinations, the absent…