25 Tex. Ct. App. 27
Decided February 4, 1888
Court of Appeals of Texas · decided 1888-02-04
Tried below before the Hon. W. H. Ford. The conviction in this case was for unlawfully carrying a pistol, and the penalty assessed was a fine of twenty-five dollars and imprisonment in the county jail for the period of twenty days. The main witness for the State testified that he was present in Colmesnil, in Tyler county, Texas, on the afternoon of December 5, 1887, when the defendant and one Barnes had a difficulty.
Decided 1888-02-04
¶1Defendant’s application for a continuance complied strictly with the requirements of the statute. The absent testimony was material, and, in view of the testimony adduced on the trial, was probably true. We are of the opinion that the court erred, in the first instance, in refusing defendant’s application for a continuance, and, secondly, in refusing to grant him a new trial.
¶2The judgment is reversed and the cause is remanded.
¶3Reversed and remanded.