MONTGOMERY, Judge.
Appellant, Hersel Fleming, was convicted of assault and battery and his punishment fixed at a fine of $200 and ninety days in jail. From this judgment, he has filed a motion for appeal.
The only question involved is whether the trial court erred in refusing to grant a new trial upon appellant's showing that his absence on the trial day was due to illness.
Appellant was indicted on July 12, 1954, for an offense charged to have been...
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