Texas Supreme Court November 22, 1887, No. 2283 (State v. Rhomberg)

Gaines, Associate Justice.

The State, who was plaintiff in the court below, having failed to obtain a judgment, appeals to this court. The defendants have filed cross-assignments of error, to be considered only in the court, that plaintiff’s assignments are found to be well taken.

We think there was error in overruling the State’s application for a continuance.