Higginbotham v. State

Citations

• 3 Tex. Ct. App. 447

Syllabus

<p>1. New Trial.—A new trial will not he granted in order to enable the accused to procure the attendance of a witness whose testimony would be only cumulative of evidence adduced at the trial, or which would not he likely to change the result of the trial.</p> <p>2. Surprise. —If a defendant is taken hy surprise hy the absence of a witness when called to testify, and a postponement of the trial would procure the attendance of the witness, he should apply to the discretionary power of the court for such a postponement, and not rely on the surprise as cause for a new trial.</p> <p>3. Bill op Exceptions.'—If the exclusion of evidence he relied on as error, it should be set forth and reserved in a hill of exceptions. Mention of the matter in a general way in the statement of facts is not equivalent to a bill of exceptions.</p> <p>4. Evidence. — The materiality of excluded evidence will he considered in connection with the evidence adduced and admitted.</p>