Nicholson v. State

KRUEGER, Judge.. The offense is theft of personal property over the value of fifty dollars. The punishment assessed is.confinement in the stats penitentiary for a term of three years.

The only question presented for review relates to the court’s action in overruling appellant’s first application for a continuance based on the absence of two witnesses, one of whom resided in the City of Austin and the other, who was the stepfather of appellant, resided in the City of Houston. The State filed a contest based on the ground that no diligence was exercised by appellant to secure the attendance of…