DEEN, Judge.
1. Upon the call of this case defendant made a motion for a continuance in support of which he stated that he had been informed by a justice of the peace at the time his last bond was made that the case was dismissed, and counsel for the defendant stated he had had no prior knowledge of the case and requested a continuance until the following morning, stating: "... but his brother, as far as I can see, can be available in the morning and we can endeavor...
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