35 S.W. 975 | Tex. Crim. App. | 1896
Appellant was convicted of an assault with intent to murder, and appeals. He made an application for a continuance, based upon two grounds: (1) "That since his incarceration, he has been denied access to the public, his family and friends, and they have been denied the privilege of consulting with him, and he has been thereby prevented from getting his case ready for trial;" and (2) "because there exists at the present term of this court so great a prejudice in the public mind against him that witnesses knowing facts material *434
to his defense are terrorized and intimidated thereby, and will not declare such facts to him or to his attorney, and it, would be extremely dangerous for him to go to trial; and a fair and impartial trial would be denied him if he is forced to trial at this term of the court." The bill of exceptions shows that be was not denied the privilege of consulting with his friends, and that no request was made to the sheriff for that purpose. As to the second ground, it is sufficient to say that it might constitute, if true, a ground for a change of venue, but not for a continuance. See, Miller v. State,
Affirmed.