Jenkins v. State

Citations

• 30 Tex. 444

Syllabus

<p>While the application for continuance stated that the defendant could prove by three women that he won the coat which he is charged with stealing from another freedman on the day, &e., (see statement,) the showing is not a compliance with the code. (Paschal’s Dig., Art. 2987.) On the first application, if the statute be complied with, a continuance is granted, of course.</p> <p>When not in accordance with the statute, it is addressed to the sound discretion of the court.</p> <p>Where the property was stolen, and the party was found in possession of it three hours afterwards, he is, prima fade, guilty, and unless there be proof to rebut this presumption, the verdict will not be disturbed.</p>