Hickerson v. State

on state’s motion for rehearing

WOODLEY, Judge.

We are cited to the recent case of Richardson v. State, 156 Texas Cr. Rep. 513, 244 S.W. 2d 222, in support of the state’s contention that appellant failed to use diligence to secure his witnesses in that he caused no subpoena to be issued.

It is evident that we failed to take cognizance of the fact that Richardson was charged in the county court with a misdemeanor and that the statutes provide no procedure for obtaining the issuance of a subpoena out of the county court for an out county witness.

Article 475 C.C.P., et seq., as originally enacted,…