HOUSER v. STATE


472 S.W.2d 747 (1971)

Floyd Wesley HOUSER, Plaintiff in Error, v. STATE of Tennessee, Defendant in Error.

Court of Criminal Appeals of Tennessee.

Certiorari Denied November 15, 1971.


Attorney(s) appearing for the Case

Hubert D. Patty, Maryville, for plaintiff in error.

David M. Pack, Atty. Gen., Bart Durham, Asst. Atty. Gen., Nashville, H. Kenneth Deatherage, Dist. Atty. Gen., Kingston, for defendant in error.


Certiorari Denied by Supreme Court November 15, 1971.

OPINION

WALKER, Presiding Judge.

Sentenced to one to three years in the penitentiary for an attempt to procure a criminal miscarriage, the defendant, Floyd Wesley Houser, appeals in error, first assigning that the court erred in denying a motion for a continuance for the purpose of obtaining a material witness.

The record does not show any application for a continuance. When the state...

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