Tex. Code Crim. Proc. art. 29.04

Current with legislation from the 2023 Regular and Special Sessions signed by the Governor as of November 21, 2023.

Section 29.04 - First Motion By State

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.

Tex. Code Crim. Proc. § 29.04

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