Jenkins v. State
Texas Supreme Court
Appeal from Bastrop. The case was tried before Hon. John Ireland, one of the district judges. The defendant was indicted for stealing a coat.
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Appeal from Bastrop. The case was tried before Hon. John Ireland, one of the district judges. The defendant was indicted for stealing a coat. He moved for a continuance, and on the ground that he was almost a total stranger in that community; that he had been in the county but a few days before he was arrested in this case; that he had been confined in the county jail ever since he was accused of the charge; that he could prove by three women of color that he won the coat which he is charged with stealing from another freedman, on the day and about one hour before he was arrested, &c.; that,…
1Opinion of the CourtCaldwell, J.
We see no error in the record. The indictment is unobjectionable, and charges the offense in the language of the statute. The application for a continuance states, that “he (defendant) can prove by three women that he won the coat he is charged with stealing *446from another freedman, on the day and about an hour before he was arrested;” and that the names and residence of witnesses are unknown.
This does not comply with the statute, (Paschal’s Dig., Art. 2987,) and is addressed to the discretion of the court. An application for a first continuance, in the terms of the law, relieves the court of…
2Cases cited1 opinion
- Cooper v. StateTexas Supreme Court · 1857
3Cited by3 opinions
- Martinez v. StateTexas Supreme Court · 1874
- Van Brown v. StateTexas Supreme Court · 1871
- Roberts v. StateCourt of Appeals of Texas · 1884