Gaines v. State

HARPER, Judge.

—Appellant was convicted of the offense of selling intoxicating liquor in violation of • the prohibition law, and his punishment assessed at one year confinement in the penitentiary. This is the second appeal in this case, the decision on the former appeal c being reported in 63 Texas Crim. Rep., 73, 138 S. W. Rep., 387.

When the case was called for trial, appellant filed an application for a continuance on account of the absence of Mrs. Preston and Mrs. Franks. As to the witness Mrs. Franks appellant states she had left the State, and after diligent inquiry he had been unable to…