Legal Opinion

Bludworth v. State

Court of Criminal Appeals of Texas

Decided June 3, 1959No. 30780Published

1Opinion

ON APPELLANT’S MOTION FOR REHEARING

WOODLEY, Judge.

Appellant construes our opinion on original submission as holding that the constitutional provision for compulsory process for witnesses is directory only. We disclaim any intention of so deciding.

There is nothing in this record to show that process to Harris County was sought or that the witness could not have been served with subpoena in Harris County between the date the information was presented and the time Newton left to go to Abilene. For all this record shows he may have been present when the first continuance was granted.

Appellant’s…

2Cases cited3 opinions

  1. Burttschell v. SheppardTexas Supreme Court · 1934
  2. Hickerson v. StateCourt of Criminal Appeals of Texas · 1955
  3. Homan v. StateCourt of Appeals of Texas · 1887

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