Smith v. State

HAWKINS, Judge.

— Conviction is for robbery by the use of firearms. Punishment fifteen years in the penitentiary.

Application for continuance was presented based on the absence of two witnesses. Indictment was returned June 27th, 1921. The case was called for trial July 25th, 1921. No process had been issued for the absent witnesses. Appellant undertakes to excuse the apparent lack of diligence by stating that he had been confined in jail for thirty days; that he had employed an attorney, and a few days after his incarceration had given said attorney the names and addresses of the witnesses;…