Jackson v. State

OPINION

DAVIS, Commissioner.

Appeal is taken from a conviction for felony theft. Trial was before the court on a plea of not guilty. Punishment was assessed at ten years.

At the outset appellant contends that the court erred in failing to grant his first motion for continuance.

Appellant’s first motion for continuance was filed on July 10, 1972, the date set for appellant’s trial. It recited that appellant’s father learned two days prior to trial that Antonio Martinez and Romano Hernandez were witnesses who would testify that they were with appellant on the date he was alleged to have stolen the…