Poage v. State

Citations

• 43 Tex. 454

Syllabus

<p>1. Motion for new trial—Diligence.—This court will not revise the action of the District Court refusing an application for new trial based upon the expectation of obtaining the testimony of an important witness, which must have been known to the defendant before the trial, when no diligence was shown to obtain such testimony or reason shown why an application for continuance for want of the testimony was not made.</p> <p>2. Unrecorded stock brand.—An unrecorded brand is admissible to aid in proving the identity of a stolen animal, the title being established by other testimony.</p>