Pemberton v. State

OPINION

BELCHER, Judge.

The conviction is for felony theft; the punishment, two years.

The only ground of error is the refusal of the trial court to grant appellant’s motion for new trial based on the absence of John Snyder, Jr., Joe Dolan, and Henry Riddle, three prospective witnesses.

These witnesses were present when the case was called for trial on Monday, September 18, 1967, but they had not then been and were never subpoenaed. After the selection of the jury, the case was recessed until Wednesday, September 20, for the reason that the state was not ready. When court re-convened at 11:20 a.…