Young

Appellant was charged by an information filed by the district attorney of Kings County with the crime of burglary and also a prior conviction of a felony. He entered a. plea of guilty to the charge of a prior conviction, and not guilty to the charge of burglary. The jury returned a verdict of guilty and judgment was pronounced upon him. This appeal is taken from the judgment and from the order denying his motion for new trial.

Appellant urges two grounds for a reversal of the judgment. (1) That the trial court erred in denying his motion for a continuance, and (2) misconduct of the district attorney in his argument to the jury.

The only portion of the record bearing upon a request for a continuance is contained in the clerk’s transcript where a copy of the minutes of the trial court is set forth and the following appears: “The following persons having been called as jurors were sworn to answer questions relative to their qualifications for,serving as jurors: (Naming them.) At this time Attorney Thuesen moves for a continuance of the trial on account of sickness of one of his witnesses. The motion was denied and the court grants permission to have witness’ testimony given at a…