Bailey v. State
Court of Appeals of Texas
Appeal from the District Court of Hopkins. Tried below before B. W. Foster, Esq., Special Judge. The appeal in this case was prosecuted from the forfeiture of the appearance bond of W. W. Bailey, who was bailed upon a charge of perjury. The amount of the bond adjudged was seven hundred and fifty dollars.
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Appeal from the District Court of Hopkins. Tried below before B. W. Foster, Esq., Special Judge. The appeal in this case was prosecuted from the forfeiture of the appearance bond of W. W. Bailey, who was bailed upon a charge of perjury. The amount of the bond adjudged was seven hundred and fifty dollars. The motion for continuance involved in the ruling of the court reads as follows: “How come the defendants, S. M. Millhollan in person, and J. D. Lindley by attorney, and say they can not safely go to trial in this case at this term of the court, for the want of the. testimony of the…
1Opinion of the Court
Willson, Judge.
This appeal is from a judgment final upon a forfeited bail bond. When the cause was called for trial, the defendants made application for a continuance because of the absence of alleged material witnesses, which application was refused, and the defendants present this ruling of the court by proper bill of exception for revision. We find that the application for a continuance shows legal diligence to obtain the testimony of said witnesses, and in other respects is in strict compliance with the statute, it being a first application.
Such being the case, defendants were entitled to…
2Cited by1 opinion
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