Curtis v. State

CHRISTIAN, Judge.

The offense is murder; the punishment, death.

Tony Todora, husband of deceased, Irene Todora, was the only witness used by the state to identify appellant. Other witnesses present on the occasion of the homicide were unable to identify appellant as the slayer of deceased. Appellant is a small, yellow negro.

Appellant’s second application for a continuance was based on the absence of the witness Emma Robertson. The witness had been duly served With process, but was too ill to appear and testify. It was averred in the application that the testimony the witness would give could…