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Texas Code of Criminal Procedure

§ 29.04 — FIRST MOTION BY STATE

CR § 29.04Title 1. CODE OF CRIMINAL PROCEDURE · Ch. 29. CONTINUANCE

Statute text

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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; 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.

Legislative history

Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.

Source: Texas Code of Criminal Procedure § 29.04 from the Texas Constitution and Statutes (Texas Legislature) (public record). DecisionDepot is for informational use only and is not legal advice — verify against the official source before relying on this text.