Bruton v. State
Texas Supreme Court
Appeal from Harris. Tried below before Hon. P. W. Gray. The appellant was indicted for the theft of a slave. Upon the calling of the cause, the accused filed an affidavit •for a continuance, in the following words: “ And now comes the defendant, Wiley P. Bruton, and says that he cannot go safely to trial in the above stated case for the want of the testimony of Christopher Foley and William G. Higgins, who reside in the county of Shelby and State of Texas.
Read the full summary
Appeal from Harris. Tried below before Hon. P. W. Gray. The appellant was indicted for the theft of a slave. Upon the calling of the cause, the accused filed an affidavit •for a continuance, in the following words: “ And now comes the defendant, Wiley P. Bruton, and says that he cannot go safely to trial in the above stated case for the want of the testimony of Christopher Foley and William G. Higgins, who reside in the county of Shelby and State of Texas. This affiant was indicted at this Term of the Court, and as soon after the finding of the indictment and service of a copy of the same…
1Opinion of the CourtRoberts, J.
On a first application for a continuance the defendant must state “ the facts which are expected to be proved by the witness ; and it must appear to the Court that they are material.” (Texas Code of Crim. Procedure, Art. 518, Sec. 3.)
The fact proposed to be established by these witnesses was, that the defendant was not in New Orleans on a particular day, about the 25th of July, 1857, but in the State of Texas, several hundred miles from New Orleans. It is sought to make this fact material by stating that he is charged with selling the negro in New Orleans about that time. He is not charged…
2Cited by12 opinions
- Shaw v. StateCourt of Criminal Appeals of Texas · 1921
- State v. HayesWest Virginia Supreme Court · 1930
- Tweedle v. StateCourt of Appeals of Texas · 1891
- Dinkens v. StateTexas Supreme Court · 1874
- Yantis v. StateCourt of Criminal Appeals of Texas · 1906
7 more not listed; retrieve them via the Exa API.