Hayes v. State

Appellant was convicted in the district court of El Paso county of murder, and given seven years in the penitentiary.

Ralph • Hardin was an eyewitness to this homicide, .and on the examining trial of appellant gave damaging testimony against him. Same was reduced to writing. The homicide was' in 1923, and this trial in 1925. Soon after the homicide, Hardin disappeared and does not seem to have been located until two days before this trial. The case had been set in January, 1925, but was passed because- of the illness of witnesses, and then continued by the state partly because they had not…