Warrick v. State

CALHOUN, Judge.

— Conviction is for theft of turkeys; the punishment, one year in the penitentiary.

The appellant was jointly indicted with S. B. Warrick, Morris Warwick, Ben Gordon, and Harry Gordon for the theft of turkeys from one Bill Lightner and upon severance, appellant was tried alone.

Appellant contends that the trial court erred in not granting the appellant’s first application for a continuance for the want of the testimony of the defense witness, D. R. Riptoe. In the companion case of Ben Gordon v. State, 120 Texas Crim. Rep., 602, 48 S. W. (2d) 629, appealed from Coleman county, in…