Tex. Code of Criminal Procedure § 29.04

This is the official text of Tex. Code of Criminal Procedure § 29.04, part of Texas’s Code of Criminal Procedure — sets the procedural rules for criminal cases in Texas.

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§ 29.04. FIRST MOTION BY STATE.

Official statutory text

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.

Status: in_force · Read it on the official government site

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