Skaro v. State
Texas Supreme Court
Appeal from Nueces. Tried below before the Hon. T. 0. Barden.. Peter Skaro was indicted for an assault with intent to kill and murder one Aaron Bennett. The defendant was confined in jail from the date of arrest, and with no counsel, until the day before his trial.
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Appeal from Nueces. Tried below before the Hon. T. 0. Barden.. Peter Skaro was indicted for an assault with intent to kill and murder one Aaron Bennett. The defendant was confined in jail from the date of arrest, and with no counsel, until the day before his trial. He bad applied upon proper affidavit made before the clerk for an attachment for one Laparo, but through misapprehension of that fact stated in his application for continuance that he had made affidavit for an attachment before the sheriff. The materiality of the testimony expected from the absent witness was fully stated. The…
1Opinion of the Court
Beeves, Associate Justice.
If the defendant had set out in his application for continuance the diligence which had been used, its sufficiency could not have been doubted. The judge held that the application came too late, after the jury had been selected and sworn to try the case.
The evidence of the absent witness appears to have been material to the defense, and when the attention of the court was called to the fact that an attachment had been issued, it would have been a proper exercise of discretion to have permitted him to make the correction, by stating the diligence which had been…
2Cited by6 opinions
- Roberts v. StateCourt of Criminal Appeals of Texas · 1912
- Wheeler v. StateCourt of Criminal Appeals of Texas · 1911
- Hackett v. StateCourt of Appeals of Texas · 1883
- Brown v. StateCourt of Appeals of Texas · 1877
- Crosby v. StateCourt of Criminal Appeals of Texas · 1927
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