Eppes v. State
Texas Supreme Court
Appeal from Rusk. An indictment was preferred against the appellant for keeping and exhibiting a faro bank, signed “W. H. Estill, District Attorney, fitli District, pro tern.'’’ The defendant made an application for a continuance, including in his affidavit with this seven other eases, and stating that the indictment “lias been “preferred against him at the present term, and that he lias not had time to “procure the testimony of several witnesses that ho believes material to…
Read the full summary
Appeal from Rusk. An indictment was preferred against the appellant for keeping and exhibiting a faro bank, signed “W. H. Estill, District Attorney, fitli District, pro tern.'’’ The defendant made an application for a continuance, including in his affidavit with this seven other eases, and stating that the indictment “lias been “preferred against him at the present term, and that he lias not had time to “procure the testimony of several witnesses that ho believes material to his “ defense in the above cases, and some of them are not residents of the county “ and who are not in attendance upon…
1Opinion of the Court
"WheeleR, J.
In support, of the first ground of error assigned it is insisted that the contingency had not happened which authorized the appointment by the court of a 'district attorney pro tem. To this it is a sufficient answer that the court recognized the official character of the person who acted as district attorney; and in the absence of anything appearing in the record to the contrary, we must presume that he was duly and legally appointed and that he rightfully exercised the office.
In respect to the refusal of a continuance it maybe observed that the statute does not prescribe what…
2Cited by7 opinions
- Stephens v. State, Texas Court of Appeals, 3rd District (Austin)1998
- Keithler v. StateMississippi Supreme Court · 1872
- Wilson v. PeopleSupreme Court of Colorado · 1877
- Evans v. StateCourt of Appeals of Texas · 1989
- Marnoch v. StateCourt of Appeals of Texas · 1879
2 more not listed; retrieve them via the Exa API.