Simmons v. State

Appellant was charged with aggravated assault, and the facts show that it was an assault upon his wife brought about by a family quarrel or disturbance.

1. When the case was called for trial appellant filed an application for a continuance on account of the absence of Sam Franklin. His residence was alleged to be in Wood County, and he was a son-in-law of appellant and appellant's wife. That before the court met on the first Monday in September witness left Rusk County without appellant's knowledge, nor did he know where he had gone. That on the first day of the term of the County Court he…