Brannan v. State

ON MOTION FOR REHEARING BY APPELLANT.

MARTIN, Judge.

Appellant has filed a motion for rehearing supported by an able and plausible argument to the effect that this court was in error in holding his application for a continuance fatally defective because the rule inhibiting the granting of subsequent applications for cumulative testimony could not apply to evidence relating to the defense of an alibi since this character of testimony has been held to be not cumulative in the legal sense of that word.

Appellant cites the cases of Smythe v. State, 17 Tex. Crim. App. 244; Terry v. State, 272 S. W.…