Gordon v. State

ON MOTION FOR REHEARING.

HAWKINS, Judge.

— The court certifies in bill of exception A that the witness Riptoe had been served with process on May 3rd directing him to appear as a witness in this cause on May 4th. Lack of diligence to procure process in the first instance would seem immaterial if the witness was in fact served in time to have obeyed the process, and that part of our original opinion calling attention to the delay in procuring process might have been omitted. However, if the witness did not appear on May 4th in obedience to the process — and there is no averment in the…