Toliver v. State

DAVIDSON, Presiding Judge.

Appellant was convicted of bur glary, his punishment being assessed at five years confinement in the penitentiary.

The indictment was returned in the Criminal District Court of Harris County on the 9th of January, 1911, and the case was continued at that term of the court, and seems to have been set down for trial on the 5th of April following.

When the case was called for trial on the 5th of April application was filed for continuance, which is alleged to be the first application for that purpose. This was promptly overruled, and a bill of exceptions reserved. The…