Counts v. State

HEHDERSOH, Judge.

Appellant was convicted of adultery, and his punishment fixed at a fine of $250; hence this appeal. Appellant made a motion for continuance, which was overruled. It seems that two of the alleged absent witnesses, John Morgan and W. P. Hammers, were present in court and were not introduced by appellant. So the application as to them passes out. Will Morgan was not present. Ho diligence was shown for any of the witnesses. The excuse for the lack of diligence set up was, that there was an agreement between appellant and the assistant county attorney to dismiss the case. The…