Flores v. State

LATTIMORE, Judge.

Conviction for selling intoxicating liquor; punishment, one year in the penitentiary.

Appellant made a second motion for continuance which was properly overruled. Diligence for the absent witness was not shown. Appellant had another witness present who gave in substance the same testimony as that set up in the application. Subsequent continuances will not be granted for cumulative testimony. Harvey v. State, 35 Texas Crim. Rep. 559; Bearden v. State, 47 Texas Crim. Rep. 276; Sec. 322, Branch’s Annotated P. C., and authorities cited.

That Jones, the alleged purchaser, paid for…