Poage v. State

Moore, Associate Justice.

The law applicable to this case was fully and fairly submitted to the jury by the charge of the court. Although the guilt of appellant may not be absolutely and conclusively established by the testimony, still it certainly cannot be said that the verdict of the jury is not supported by the evidence.

Appellant was fully cognizant, before he went into the trial of the case, of "all the facts which he alleges in his amended application for a new trial he will be able to prove at another term of the court. Ho effort was used to procure the testimony of the absent witness,…