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HOGUE v. STATE

No. 24838.

234 S.W.2d 687 (1950)

HOGUE v. STATE.

Court of Criminal Appeals of Texas.

Rehearing Denied December 13, 1950.

Attorney(s) appearing for the Case

Charles W. Tessmer, Dallas, for appellant.

Will R. Wilson, Jr., Crim. Dist. Atty., Charles S. Potts, Asst. Crim. Dist. Atty., Fred M. Bruner, Asst. Dist. Atty., all of Dallas, George P. Blackburn, State's Atty., of Austin, for the State.

BEAUCHAMP, Judge.

The appeal is from a conviction for robbery with a penalty of twenty-five years in the penitentiary.

A motion for a continuance was presented and overruled. This was an equitable motion as distinguished from a statutory motion. Such a motion is addressed to the discretionary powers of the trial court. We are unable to agree that in the instant case the trial court abused that discretion.

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