Wynne v. State

BROOKS, Judge.

Appellant was convicted of murder in the first degree and given the death penalty.

1. Appellant filed a motion for continuance for the want of the testimony of Lem Smiler, who was alleged to reside in Galveston County. If diligence be conceded, the application for continuance is fatally defective in that it did not contain, at the time it was presented to the trial court, the statutory requisite, to wit: that the application was not made for delay. Furthermore, the evidence would be of an impeaching character, and, therefore, same would not authorize a continuance. Furthermore,…