DocketNumber: No. 6165
Citation Numbers: 26 Tex. Ct. App. 69
Judges: Willson
Filed Date: 6/29/1888
Status: Precedential
Modified Date: 9/3/2021
As to the absent witnesses Shook and Good, defendant’s application for a continuance was in all respects sufficient. It states that the defendant expected to prove by said two witnesses that, when he took possession of the alleged stolen cow, he claimed her as a cow that he had purchased from one Estick, This testimony is material. The only inculpatory evidence introduced by the State on the trial is the circumstance of the unexplained recent possession by the
Several other questions deserving of notice are presented in the record, and have been argued by counsel for the defendant, but the case having been submitted at the close of the term, we have not sufficient time to investigate and determine them. Furthermore, on another trial, all of said questions may be avoided and eliminated from the case.
The judgment is reversed and the cause is remanded for , another trial.
Reversed and remanded.