Carpenter v. State

ON REHEARING.

LATTIMORE, Judge.

— The discussion of the refusal of the court to strike out the controverting affidavit of the State to the appellant’s application for continuance is somewhat academic inasmuch as the court would have had a perfect right to hear evidence on the matter, and his action would have been -upheld by us in the absence of such affidavit. However, to the authorities cited in support of Lis part of the court’s opinion will be added Hyde v. State, 16 Texas, 445; Murray v. State, 1 Texas Crim. App., 174; Merritt v. State, 2 Texas Crim. App., 181; Dixon v. State, 2 Texas…