Horton v. State

DAVIDSON, Presiding Judge.

Appellant was convicted of a misdemeanor theft.

A motion was made for new trial upon the grounds that appellant had been deprived of his witnesses. There was no application for continuance. Appellant asserts in his motion for a new trial that he informed his attorney who these witnesses were and asked him to see that they were summoned. The witnesses were not summoned and no process, so far as the record is concerned, was asked for. He went to trial and the same attorney, it seems, defended him during the trial "without making an application for continuance or any…