Nesbitt v. State

HARPER, Judge.

Appellant was prosecuted and convicted of theft of property of over $50 in value, and his punishment assessed at two years confinement in the penitentiary.

This is the second appeal in this case, the opinion on the former appeal being reported in 65 Tex. Crim. Rep., 349, and the facts are there sufficiently stated not to need repetition here.

An application for continuance was made on account of the absence of Davis Trout. The qualification of the bill shows that since the witness was summoned he had moved from Coryell County to McLennan County, and no additional process had been…