Cline v. State

Viewed in the light of the motion for a new trial, the court did not err in refusing the application for a continuance. The absent witness, Abe Cline, Jr., would have testified, that he was not with appellant at the time the horse is alleged to have been stolen, and had not seen defendant for ten days or more before the theft, and for nearly three months thereafter, and knew nothing of his whereabouts, and nothing of his connection with the matter one way or another. He knew nothing of appellant's alibi, as stated in his application. Besides, the alibi set up was to the effect that appellant…