On any subsequent motion for a continuance by the State, for the want of a witness, the motion, in addition to the requisites in the preceding Article, must show: 1. The facts which the applicant expects to establish by the witness, and it must appear to the court that they are material; 2. That the applicant expects to be able to procure the attendance of the witness at the next term of the court; and 3. That the testimony cannot be procured from any other source during the present term of the court.
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Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966. |