Haggerty v. State

OPINION

MORRISON, Judge.

The offense is the sale of LSD; 1 the punishment, five (5) years.

Appellant’s first ground of error relates to the overruling of his first motion for continuance based on the absence of a witness.

In Massoletti v. State, 165 Tex.Cr.R. 120, 303 S.W.2d 412, we were confronted with a similar situation and concluded, as we do here, that:

“We find no affidavits of the missing witnesses as to what their testimony would have been attached to the motion for new trial, nor do we have any showing under oath as to why the same had not been secured before the motion was filed. One of…