Smith v. State

LATTIMORE, Judge.

Conviction in the District Court of DeWitt County of murder, punishment fixed at death.

Appellant sought a continuance. By the absent witnesses he expected to prove facts tending to show that deceased was a man of violent and dangerous character, and that they jointly owned a Ford coupe. Before we would hold erroneous the refusal of a continuance, the materiality of the absent testimony would have to be shown. No such showing is here made. Appellant did not take the stand and testify. No one was present at the homicide save appellant and deceased. The testimony before us…