Townsend v. State

Citations

• 41 Tex. 134

Syllabus

<p>1. Continuance—Cbiminal pbocbdube.—An affidavit for continuance, for want of witnesses who reside out of the county, is insufficient, which fails to show the date of the issuance of attachments for such witnesses, and to whom the attachments were delivered.</p> <p>2. Application fob continuance, which seeks to excuse the statutory acts of diligence, is defective if it fails to show the distance to the residence of the witnesses and t>he time necessary to have service of process upon them.</p> <p>11. Pbactice in Supreme Court.—The action of the court in refusing a continuance must be shown by bill of exceptions, or such action. will not be noticed on appeal.</p>