75 S.W.2d 683 | Tex. Crim. App. | 1934
The appellant was tried and convicted of the offense of an assault with intent to murder, and his punishment assessed at confinement in the State penitentiary for a term of one year.
At the very threshhold of this case we are confronted with a bill of exception which complains of the action of the trial court in putting the appellant on trial on the same day and within less than an hour after he was arrested. The bill of exception embraces the appellant’s motion praying for a postponement of the trial for a period of two days in order that he may prepare for his defense and have time in which to have process issued for his witnesses. The motion for a postponement is sworn to by the appellant. However, this court would not be required to accept the matters stated in said sworn motion as true, but the record before us discloses that the indictment was returned and filed in the District Court of Henderson County on the 2nd day of February, 1934; the sheriff’s
Therefore, in obedience to the express provisions of the article of the Code of Criminal Procedure above quoted and the authorities referred to, the judgment of the trial court is reversed and the cause remanded.
Reversed and remanded.
The foregoing opinion of the Commission of Appeals has been examined by the Judges of the Court of Criminal Appeals and approved by the Court.