Wade v. State

DAVIDS OH, Judge.

—Under a charge of assault to murder appellant was convicted of an aggravated assault.

When the case was called for trial he moved for a continuance on account of the absence of the witness G. T. Tarrant, who was shown to be in Laredo sick and unable to attend court. It is further shown that when appellant asked for process it was refused on-the ground that the State had already summoned him. Of course, under this state of facts appellant would rely upon the diligence of the State to have the witness present, and whatever diligence was used for the State would be ample for the…