It shall be sufficient, upon the first motion by the State for a continuance, if the same be for the want of a witness, to state:
1. The name of the witness and his residence, if known, or that his residence is unknown;

Terms Used In Texas Code of Criminal Procedure 29.04

  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Subpoena: A command to a witness to appear and give testimony.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.

2. The diligence which has been used to procure his attendance; and it shall not be considered sufficient diligence to have caused to be issued, or to have applied for, a subpoena, in cases where the law authorized an attachment to issue; and
3. That the testimony of the witness is believed by the applicant to be material for the State.

  Previous section
Next section  
 Chapter 29 Contents