A continuance or postponement may be granted on the motion of the State or defendant after the trial has begun, when it is made to appear to the satisfaction of the court that by some unexpected occurrence since the trial began, which no reasonable diligence could have anticipated, the applicant is so taken by surprise that a fair trial cannot be had.
Tex. Code Crim. Proc. art. 29.13
CONTINUANCE AFTER TRIAL IS BEGUN
Applied in 5 court decisions — leading case Martinez-Macias v. Collins (1991)
Most recently applied in Maricela Hinojosa v. State (July 2018)
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.