Dodson v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Llano. Tried below before Hon. W. M. Allison. Appellant was separately indicted for theft of the horse of one Pablo Portales, and at the trial was convicted, his punishment being assessed at imprisonment for five years in the penitentiary. When the case was called for trial, defendant made application for a continuance for the testimony of two absent witnesses. This application was overruled.
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Appeal from the District Court of Llano. Tried below before Hon. W. M. Allison. Appellant was separately indicted for theft of the horse of one Pablo Portales, and at the trial was convicted, his punishment being assessed at imprisonment for five years in the penitentiary. When the case was called for trial, defendant made application for a continuance for the testimony of two absent witnesses. This application was overruled. Defendant then asked for time to prepare and file an affidavit, under provisions of article 669a, Code of Criminal Procedure, to have one Heeler Perry, separately…
1Opinion of the Court
DAVIDSON, Judge.
Appellant was convicted of horse theft, and prosecutes this appeal.
When his application for a continuance was overruled, the defendant requested time in which to prepare his affidavit, under the provisions of article 669a of the Code of Criminal Procedure, for the purpose of having one Perry, who was separately indicted for the same transaction, first placed upon his trial, so that the defendant might obtain the testimony of said Perry in his behalf. The request was refused, because, as stated by the court, he held “the overruling of defendant’s application for continuance to…
2Cited by5 opinions
- Estell v. StateCourt of Criminal Appeals of Texas · 1922
- Williams v. StateCourt of Criminal Appeals of Texas · 1936
- Driver v. StateCourt of Criminal Appeals of Texas · 1926
- Bruce v. StateCourt of Criminal Appeals of Texas · 1915
- Vargas v. StateCourt of Criminal Appeals of Texas · 1926