Thomas v. State

ON MOTION FOR REHEARING.

HAWKINS, Judge.

We said in our original opinion that appellant’s second application for a continuance was defective in failing to aver that the same tstimony expected from the absent witnesses could not be procured from any other source. We were mistaken as to this in so far as the application was based on the absence of Mrs. Burrell Thomas. It did state that her evidence in certain respects could not be procured from any other source. There can be no doubt that her evidence was material and we think that the court committed error in not granting the continuance. The…