Rushing v. State

HARPER, Judge.

Appellant was charged by indictment with making an assault with intent to murder on Wesley Cauley, and upon a trial he was convicted and sentenced to two years confinement in the penitentiary.

Appellant filed a motion for a continuance on account of the absence of two witnesses, Ob Livingstone and Oscar Bradshaw, the process showing that both had been duly served. The testimony alleged that it was expected to be proven by Ob Livingstone was in the nature of impeaching testimony, but it is a statement alleged to have been made by the injured party Cauley, as well as ■ by the…