Harris v. State

HAWKINS, Judge.

Conviction is for aggravated assault and battery, the punishment being nine months imprisonment in jail.

Appellant sought a continuance on account of the absence of the witness Nichols. It is conceded by the state that proper diligence is shown to secure the attendance of this witness but insists that if the witness had been present he would not have been permitted to testify to the things set out in the application for continuance because they are conclusions only and not statements of any fact. We are inclined to believe this criticism of the application is well founded.…