Perez v. State

HENDERSON, Judge.

Appellant was convicted of rape, and his punishment assessed at death.

Appellant made a motion for continuance on account of the absence of one Pablo San Miguel. It may be conceded that sufficient diligence was not used to secure the attendance of this witness. But after the trial when the materiality of the absent testimony was made manifest, a new rule applies. Subdivision 6, article 597, Code Criminal Procedure. The latter portion of said subdivision provides, that should an application for continuance be overruled, and the defendant convicted, if it appear from the trial…