Armstrong v. State

LATTIMORE, Judge.

Appellant was convicted in the District Court of Harrison County of the theft of four hogs, and his punishment fixed at two years confinement in the penitentiary. No brief appears for appellant.

From the record we find that when this case was called for trial appellant moved for a continuance because of the absence of three witnesses. No diligence was shown. The indictment was returned August 16th and the case was set for trial for August 23rd, and on that date postponed to August 24th. The first subpoenas for said absent witnesses were obtained on August 23rd. This was too…