Casinova v. State

Citations

• 12 Tex. Ct. App. 554

Syllabus

<p>1. Continuance.—Though an application for a continuance meet all the requirements of the law, it is not granted as a matter of right, but is addressed to the sound discretion of the court; yet it is expressly provided by statute that, should an application for a continuance be overruled and the defendant convicted, if it appear upon the trial that the evidence of the witness named in the application was of a material character, and that the facts set forth in the application were probably true, a new trial should be granted.</p> <p>2. Same-—Evidence—New Trial.— See the opinion in extenso for evidence held insufficient to sustain a conviction for theft, and for a case wherein a new trial should have been granted, 1, because the application for a continuance was good and sufficient; 2, because the evidence of the witness named in the application was of a material character, and the facts set forth in the application probably true.</p>