Morgan v. State

Citations

• 44 Tex. 511

Syllabus

<p>1. Continuance.—Application for continuance, made several days before the trial, may properly be overruled, unless it be also shown that the attendance of the witnesses could not have been had when the case was called, or that the proper diligence would have been useless.</p> <p>2. Witness—Charge op court.—It is not error to instruct the jury, where one jointly indicted was allowed to testify in behalf of the State, “to give the evidence such credit as they believed it entitled to, and that the presumption was that all the witnesses testified correctly.”</p> <p>3. Witness.—A defendant cannot object to the testimony as incompetent, of one jointly indicted, after the district attorney has dismissed the indictment as to the witness offered.</p>