Ellington v. State

HARPER, Judge.

Appellant was indicted by the grand jury of Bosque County, charged with theft of cattle, and on a trial being -had, he was convicted and sentenced to the penitentiary.

In his motion for a new trial appellant' complains of the action of the court in overruling his application for a continuance.

The court, in approving this bill, mys no subpoena had ever issued for the witness in this cause, and from an inspection of the record it appears that the subpoena was issued in a different case, conse quentiy the 'court' did not err in overruling the motion, as there was a total lack of…