JOHNSON v. STATE

No. 1268S203.

254 Ind. 465 (1970)

260 N.E.2d 782

JOHNSON v. STATE OF INDIANA.

Supreme Court of Indiana.

Rehearing denied September 11, 1970.


Attorney(s) appearing for the Case

Keith C. Reese, Rocap, Rocap, Reese & Young, of counsel, of Indianapolis, for appellant.

Theodore L. Sendak, Attorney General, James F. Biddle, Deputy Attorney General, for appellee.


ARTERBURN, J.

This is an appeal from a criminal action based upon an affidavit charging appellant with assault and battery. The defendant was convicted on May 13, 1968, as charged.

The first question presented for our consideration on this appeal is the refusal of the trial court to grant the appellant a continuance. The defendant's counsel orally moved the court for a continuance on the day of the trial. The motion was based upon the alleged illness of one...

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