Legal Opinion

Martin v. State

Court of Appeals of Texas

Decided July 1, 1880Published

Appeal from the District Court of Smith. Tried below before the Hon. J. C. Robertson. The conviction was for cattle-theft, and four "years in the penitentiary the punishment assessed.

1Opinion of the Court

White, P.. J.

The application for continuance was the second one made by defendant, and we infer from a statement in the last application that the first was granted on account of the absence of Thomas Williams, the same witness whose absence was the ground of the second, because it is stated “ that a subpoena was issued for said witness (Williams) on the 10th day of June, a. d. 1879, immediately after he (defendant) was arrested upon said indictment; that said witness then resided at Mineóla, said, county, and that the same was served upon him by B. F. Pegues, deputy-sheriff’ of Wood County,…

2Cases cited1 opinion

  1. Counts v. StateTexas Supreme Court · 1873

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