Rainey v. State

BERRY, Judge.

— The offense is an assault with intent to murder, and the punishment is four years in the penitentiary.

The appellant complains at the court’s action in overruling his second application for a continuance. This application was for the wife of the appellant; whom he alleged to be a material witness in his behalf, and whom he claims was sick and unable to attend court, although present in the town of Eastland where court was being held. We think no error is manifested by the record in overruling this application.

The testimony as to her condition was conflicting, but if full faith…