Dinkens v. State

Citations

• 42 Tex. 250

Syllabus

<p>1. Due biligence. An application for continuance by a defendant, who •before indictment had been committed by a magistrate in default of bail, if good in other respects, cannot be refused on the ground that the accused had not used diligence to procure his testimony before indictment : no statute authorizes the clerk to issue process for witnesses before indictment found.</p> <p>2. When the application for continuance complies with the requirements of law, no discretion exists in granting it.</p>