Townsend v. State

Citations

• 5 Tex. Ct. App. 574

Syllabus

<p>1. Practice.—In the entry upon the minutes of the court of the presentment of the indictment, the offence of which the accused was charged was omitted. The court, at a subsequent term, upon the motion of the county attorney, permitted the record to be amended in this respect nuncpro tunc. Held, correct.</p> <p>2. Same. —Even an indictment or an information may be amended in matters-of form.</p> <p>3. CoNTimrAiroE.—Attachments for witnesses were sued out over two months before the application for a continuance; the return was “ not executed,’8' but was without date. Held, that diligence is not shown.</p> <p>4. Same.—The accused, under the impression that the principal witness for the State would not be present at that term of court to testify against himz announced ready for trial. There having been no fraud or deception practised upon the accused which could operate as a surprise, the appearance of the witness did not entitle him to a continuance.</p>