Grohoske v. State (50 S.W.2d 310, 1932)

DATTIMORE, J.

Conviction for murder; punishment, two years in the penitentiary.

The record in this case shows that on June 8, 1931, at which time this case was first set for trial, a witness named Murphy was not then present. For sufficient reasons the case was reset for July 6th following, at which time an application for a continuance was made based on Murphy’s then absence. The application was traversed by the state, and the court heard evidence and refused the continuance. When the motion for new trial was heard, one ground of which was the refusal of the continuance, the court heard other evidence, and we think him justified in concluding that Murphy was a transient person, and that there was little or no likelihood of ever getting