Garrold v. State

Citations

• 11 Tex. Ct. App. 219

Syllabus

<p>New Trial — Continuance — Evidence.— In a trial for horse-theft the only material evidence inculpatory of the defendant was that of one S., which was contradicted in some particulars by his own testimony at the examining trial, and which, moreover, showed knowledge if not complicity on his part, and a motive to convict the defendant. Defendant had been refused a continuance asked for the purpose, of procuring certain alibi testimony commensurate with and contradictory of the evidence of S. Held, that on this state of case the defendant’s motion for a new trial should have been granted.</p>