Texas statute

Tex. Code Crim. Proc. art. 29.04 — First motion by state

Current through 89th Legislature, 2nd Called Session (2025)

Part of Chapter 29: CONTINUANCE, Texas Code of Criminal Procedure.

Full text of Tex. Code Crim. Proc. art. 29.04

Statutory text current through the 89th Legislature, 2nd Called Session (2025). This publication reproduces the official statutory text; it is not the official statutes of the State of Texas.

Tex. Code Crim. Proc. art. 29.04Primary source, current through the 89th Legislature, 2nd Called Session (2025)

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.

Official sources

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