Nolan

From a judgment of conviction of the crime of murder and from an order by which his motion for a new trial was denied, defendant appeals to this court.

Appellant complains that the trial court abused its discretion “in denying appellant a reasonable continuance for his attorney to recover from the illness with which he was confined to his room at the time the trial started’’. In that connection, in substance the facts are that, although on the date when the action was set for trial, by affidavit it appeared that because of his then illness the attorney who represented defendant was unable to be in court, the record also discloses the fact that because of the inability of said attorney to be then present, the commencement of the trial was actually continued for one and one-half days, at the expiration of which said attorney was present in court, and then and there, without objection on his part to the commencement of the trial, or without requesting any further continuance thereof, announced his readiness to proceed therewith. Nor does the record show that at any time thereafter any request was made, either by defendant personally or by his attorney, that because of the illness of…