Warrick v. State

ON MOTION FOR REHEARING.

HAWKINS, Judge.

— This is a companion case to that of Ben Gordon, 120 Texas Crim. Rep., 602, 48 S. W. (2d) 629, in which a motion for rehearing has this day been overruled. In the present case the indictment alleges the theft of turkeys from Bill Lightner. However, the identical question is presented in this case as to the refusal of continuance for the witness Riptoe as was discussed in Gordon’s case. Process was issued on May 1st, directing the witness to appear on May 4th. It was served May 3rd. The case was not called for trial until May 9th. The application for…