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Texas Code of Criminal Procedure - Article 16.14. Postponing Examination

Legal Research Home > Texas Lawyer > Code of Criminal Procedure > Texas Code of Criminal Procedure - Article 16.14. Postponing Examination

Art. 16.14. [258] [305] [293] POSTPONING EXAMINATION.  After 
examining the witness in attendance, if it appear to the magistrate 
that there is other important testimony which may be had by a 
postponement, he shall, at the request of the prosecutor or of the 
defendant, postpone the hearing for a reasonable time to enable 
such testimony to be procured;  but in such case the accused shall 
remain in the custody of the proper officer until the day fixed for 
such further examination.  No postponement shall take place, unless 
a sworn statement be made by the defendant, or the prosecutor, 
setting forth the name and residence of the witness, and the facts 
which it is expected will be proved.  If it be testimony other than 
that of a witness, the statement made shall set forth the nature of 
the evidence.  If the magistrate is satisfied that the testimony is 
not material, or if the same be admitted to be true by the adverse 
party, the postponement shall be refused.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722, eff. Jan. 1, 1966.             

Last modified: August 11, 2007