Swilley v. State

(dissenting).—Appellant was convicted of murder and given ten years in the penitentiary.

When the case was called for trial a second application for continuance was overruled. At the previous term the first application had been overruled, and on the trial appellant was convicted. On appeal that conviction was set aside and reversal occurred. The application was made on account of the absence of Albert Cram, who was alleged to reside in Jefferson County. Appellant issued process for him, which seems not to have -been returned. The State issued process for the same witness. The return of the…