Gordzelik v. State

ON MOTION FOR REHEARING

MORRISON, Judge.

*70We have again examined the court’s qualification to appellant’s Bill of Exception No. 1 and fail to find therein any matters of fact not contained in the bill itself.

Appellant challenges our holding that no error is shown in the trial court’s failure to grant a continuance notwithstanding the fact that no affidavit of the missing witness was attached to either the motion for continuance or the motion for new trial, and no reason is shown why the same has not been done.

Such motion for continuance is addressed to the discretion of the trial court, and we…