Smith v. State
Court of Appeals of Texas
Appeal from the District Court of Nueces. Tried below before the Hon. J. C. Russell. The indictment in this case was presented by the grand jury of Webb county, Texas.
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Appeal from the District Court of Nueces. Tried below before the Hon. J. C. Russell. The indictment in this case was presented by the grand jury of Webb county, Texas. It charged the appellant with the murder of one Thomas Riley, in the said Webb county, Texas, on the fifteenth day of February, 1882. A change of the venue to Nueces county was awarded, and at the trial in that county the appellant .was convicted of murder in the second degree, his punishment being assessed at a term of five years in the penitentiary. John Barrett, the first witness for the State, testified, in substance, that…
1Opinion of the Court
Willson, Judge.
I. There was no error in refusing to grant defendant’s application for a continuance. It was his second application, and it does not comply with the statute, in that it fails to state that the absent testimony could not be procured from any other source, and that defendant had reasonable expectation of procuring the same at the next term of the court. (Code Crim. Proc., Art. 561.)
It appears from the evidence adduced on the trial that the material facts which defendant expected to prove by the absent witness were proved on the trial by other witnesses, and there is no ground for…
2Cited by5 opinions
- Williams v. StateCourt of Criminal Appeals of Texas · 1908
- Buck v. TerritoryCourt of Criminal Appeals of Oklahoma · 1909
- Hale v. StateCourt of Criminal Appeals of Texas · 1929
- Renfroe v. StateCourt of Criminal Appeals of Texas · 1942
- Weige v. StateCourt of Criminal Appeals of Texas · 1917