[Download] "Richard Payton White v. State Texas" by The Texas Court of Criminal Appeals ~ eBook PDF Kindle ePub Free
eBook details
- Title: Richard Payton White v. State Texas
- Author : The Texas Court of Criminal Appeals
- Release Date : January 11, 1974
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
The State now asserts, and we agree, that appellant failed to perfect his claim of denial of due process. They point out that this record does not reveal that the witness in question ever left town or that such witness was not in fact available at the time of trial. The appellant made no proof or offer of proof that the witness normally lived at the address on the subpoena, whether or not he had recently moved, what effort was made by the officer to locate him, or even the manner in which the information was acquired that this was the proper address, if it was. As a matter of fact, this record is devoid of any testimony that the witness was not in fact available and that his whereabouts were unknown to the appellant at the time of trial. There is no showing that he made any request of any person involved in the trial of this case about their knowledge of the whereabouts of the witness. No request was made of the prosecution to determine if they had information concerning the whereabouts of the witness.