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