Rollins v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Johnson.' Tried below before Hon. J. M. Hall. Appellant was indicted for the theft of a saddle, of the value of $25, the property of one Will Hunsucker. The trial resulted in his conviction, with punishment assessed at imprisonment in the penitentiary for a term of two years. No statement necessary.
1Opinion of the Court
DAVIDSON, Judge.
1. This conviction was for theft of a saddle. Continuance was sought for the testimony of one Jones, by whom defendant expected to prove he “ traded for the saddle alleged to have been stolen.” Mere conclusions, or vague, indefinite allegations, will not suffice in setting out testimony expected to be shown by absent witnesses. The facts they are expected to detail should be stated definitely. Willson’s Crim. Proc., sec. 2165.
If Jones was present and witnessed such trade, he was cognizant of the attendant circumstances, and the application should have stated the facts. When…
2Cited by1 opinion
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