Wheeler v. State

DAVIDSON, Presiding Judge.

—Appellant was convicted of murder in the second degree, his punishment being assessed at twenty years confinement in the penitentiary.

The former appeal will be found reported in 56 Texas Crim. Rep., 547.

1. Error is assigned on the refusal of the court to grant a continuance for two absent witnesses. The court qualifies the bill of exception by stating, substantially, that the application on its face showed merit, but overruled it, believing that the evidence of the witnesses might be secured during the trial, and if not, and a conviction resulted, a new trial could…