Horton v. State

Stolz, Judge.

The defendant appeals from his conviction of the offense of aggravated battery.

The defendant enumerates as error (1) the trial judge’s failure to grant a continuance or postponement as requested prior to trial, and (2) the denial of his motion for new trial on the ground that his attorney, George Hoyt, "had been hired only a few minutes prior to the convening of court and had not had an opportunity to examine or subpoena witnesses, obtain a transcript of the prior trial or in any manner prepare for said trial.”

A review of the transcript reveals the following: "December 3, 1973.…