Townsend v. State
Texas Supreme Court
Appeal from Lavacca. Tried below before the Hon. W. H. Burkhart. Beth Townsend and two others were indicted in 1872 for an aggravated assault and battery upon Augusta and Julia Addicks, females. Appellant, March 11, 1874, applied for a continuance for the testimony of three material witnesses residing in Williamson county.
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Appeal from Lavacca. Tried below before the Hon. W. H. Burkhart. Beth Townsend and two others were indicted in 1872 for an aggravated assault and battery upon Augusta and Julia Addicks, females. Appellant, March 11, 1874, applied for a continuance for the testimony of three material witnesses residing in Williamson county. The diligence shown to secure their attendance is as follows : “That subsequent to the finding of this indictment,M. L. McSelf, finding that there were several indictments against him, absconded from this county, taking with him the above-named witnesses, they being members…
1Opinion of the Court
Gould, Associate Justice.
The appellant sues to reverse this case on the sole ground that his application for continuance was improperly overruled.
If the application be regarded as an attempt to show-diligence, it is defective in not stating when the attachments issued, or in whose hands' they were placed; nor is there anything in the record to supply this defect.
If it be regarded as an attempt to excuse the want of diligence, it fails to show that, after the discovery of the place where the witnesses were to be found, there was not sufficient time to have the attachments served. For aught…
2Cases cited2 opinions
- Lewis v. WilliamsTexas Supreme Court · 1855
- Johnson v. McKissackTexas Supreme Court · 1857
3Cited by12 opinions
- Lewis v. StateCourt of Criminal Appeals of Texas · 1914
- Murff v. StateCourt of Criminal Appeals of Texas · 1914
- Alamo Fire Insurance Co. v. LancasterCourt of Appeals of Texas · 1894
- Dill v. StateCourt of Appeals of Texas · 1876
- Cox v. StateCourt of Criminal Appeals of Texas · 1934
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