Bennett v. State

(after stating the facts as above). It is first contended that the trial court erred in overruling the defendant’s motion and application for a continuance based on the absence of the witness A. R. Anderson. The motion for a continuance discloses that this alleged person, whether fictitious or not, was a person whom the defendant claims he rode with from the town of Quay to the town of Jennings on the day Mr. Rowe’s automobile was stolen. The application shows that several days before the cause was called for trial the defendant had a subpoena issued for the witness Anderson and placed in the…