Koller v. State

HENDERSON, Judge.

Appellant was convicted of murder in the second degree, and given five years in the penitentiary, and prosecutes this appeal. On the trial of the case, the appellant made a motion for a continuance on account of the absence of John Bogardes and Faustina Cordes, being his first application for a continuance. The diligence appears to be sufficient. Appellant says that he “expects to prove by the witness, Bogardes, that he was on the steps or in the house, and that the State’s witness, Juanita Tamesa (Mrs. Rios), was mistaken when she said that the said Bogardes was standing out…