Polk v. State

RAMSEY, Judge.

On the 19th day of March, 1908, an indict ment was returned into the District Court of Nacogdoches County charging appellant with the burglary of a private residence of Mon Hill. At a trial had in said court on October 1 of last year appellant was found guilty and his punishment assessed at confinement in the penitentiary for a period of five years.

1. When the case was called for trial appellant filed his third application for continuance, based on the absence of Kate Benton and John Bryant. It may be conceded that the testimony of each of these witnesses was material. In…