ALMAND, Justice.
Melvin Lewis Smith, on his trial on an indictment charging him with the rape of a named female, on March 25, 1959, was found guilty without a recommendation of mercy and sentenced to death. His motion for new trial on the general and amended grounds was denied. Error is assigned on this order.
1. Special ground 2 of the amended motion is as follows: "Because the court erred in refusing to grant a continuance or postponement on account of withdrawal...
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