Pullen v. State
Court of Appeals of Texas
Appeal from the District Court of McMullen. Tried below before the Hon. D. P. Marr. Five years confinement in the penitentiary was the punishment assessed against the appellant. All matters involved in the rulings are disclosed in the opinion.
1Opinion of the CourtHurt, J.
This appellant was convicted of felony in branding the colt of W. W. Talbot, with intent to defraud. A great many grounds are relied on for a reversal of the judgment of the court below. The first is, that the court erred in overruling the motion to continue. In this we think there was no error. The application is fatally defective for want of diligence. It is stated in said application “that immediately upon his arrest this affiant caused a subpoena to issue,” etc. When the defendant was arrested does not appear in the record.
Again, the subpoena being returned “not found,” the application…
2Cases cited2 opinions
- Townsend v. StateTexas Supreme Court · 1874
- Short v. StateTexas Supreme Court · 1872