Barfield v. State

LATTIMORE, Judge.

Conviction for murder; punishment, five years in the penitentiary.

This is the second appeal of this case. See Barfield v. State, 113 Texas Crim. Rep., 276, 21 S. W. (2d) 673.

The first point complained of in appellant’s brief is the overruling of his application for a continuance. Since the case was reversed upon the former appeal for the refusal of a continuance, it must be manifest that the application made at the instant term of the court below was not a first application, and it must be treated as a subsequent application. As far as we can judge practically all the…