Goldsmith v. State
Court of Criminal Appeals of Texas
Appellant was indicted for the burglary of the store house of one A. B. Flowers, with intent to commit theft, and on his trial was convicted, his punishment being affixed at four years in the penitentiary.
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Appellant was indicted for the burglary of the store house of one A. B. Flowers, with intent to commit theft, and on his trial was convicted, his punishment being affixed at four years in the penitentiary. Defendant made an application for continuance for several witnesses, by one of whom he expected to prove that a certain pipe found in his possession, and claimed by the prosecution as a pipe belonging to the prosecutor, and as one taken from the burglarized store house, was a pipe the witness had known a long time prior to the alleged crime, and the same did not belong to said prosecutor.…
1Opinion of the Court
DAVIDSON, Judge.
1. Defendant’s application for a continuance was properly overruled. If the absent witnesses would have testified, as set forth in the application, that the pipe found in the possession of one of the parties sought to be connected with the burglary was not in fact taken from the store burglarized, and that the shoes were taken from the horse mentioned shortly prior to the burglary, it is not probable that these isolated facts would have changed or affected the result reached by the verdict. If its materiality and probable truth be conceded, the testimony is too remote and…
2Cited by30 opinions
- Beck v. StateCourt of Criminal Appeals of Texas · 1986
- Castillo v. StateCourt of Criminal Appeals of Texas · 1987
- Buck Wilcoxon v. United StatesCourt of Appeals for the Tenth Circuit · 1956
- United States v. Armour & Co.District Court, N.D. Illinois · 1906
- Barnes v. StateCourt of Criminal Appeals of Texas · 1910
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