Long v. State

HEHDERSOH, Judge.

Appellant was convicted of theft of mules, and his punishment assessed at two years confinement in the penitentiary, and prosecutes this appeal.

By his first bill of exceptions appellant questions the action of the court in overruling his motion for a continuance and his motion for a new trial predicated on the same ground. The absent witnesses were Louis Abies and John Hichols, both alleged to be residents of Montague County, and who had been duly subpoenaed, but failed to attend at the trial. We think the diligence used was sufficient. Appellant proposed to prove an alibi by…