Texas Code of Criminal Procedure 29.05 – Subsequent Motion by State
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On any subsequent motion for a continuance by the State, for the want of a witness, the motion, in addition to the requisites in the preceding Article, must show:
1. The facts which the applicant expects to establish by the witness, and it must appear to the court that they are material;
Terms Used In Texas Code of Criminal Procedure 29.05
- Continuance: Putting off of a hearing ot trial until a later time.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
2. That the applicant expects to be able to procure the attendance of the witness at the next term of the court; and
3. That the testimony cannot be procured from any other source during the present term of the court.