Allphin v. State

Citations

• 41 Tex. 79

Syllabus

<p>Continuance.—Whore a party charged with crime, for whom the court has assigned counsel, shows in Ins application for continuance that he applied for process for an absent witness on the day when he was brought from prison to the court, and that he did not sooner apply because, by the rules of the prison in which lie was confined, he was completely secluded from the outside world, and had been unable to procure counsel by reason of the manner of his confinement, and it appeared that the evidence detailed on ¿the trial, in connection with the facts, which it was stated the absent witness would testify to, might have produced a different result: Held, that the continuance should have been granted.</p>