In Hardin v. State, 471 S.W.2d 60, 62 (Tex. Crim. App. 1971), the defense counsel failed to support his request with a formal affidavit. Id. The Hardin defense counsel did have the opportunity to take the stand during the trial "to state that his work product and investigation convinced him that these five witnesses would, if present, have testified that appellant could not possibly have been in the City of Midland on the day alleged in the indictment." Id. at 63. Despite this "sworn testimony," this Court upheld the trial court's denial of the requested bench warrant, apparently because: the defendant himself did not make a sworn statement, and the attorney admitted that neither he nor his investigator had actually talked to the witnesses, and did not know what their testimony would be. Id. After exhausting state remedies, Hardin brought a federal habeas corpus petition in the United States District Court, raising the same issues.