Botts v. State

CHRISTIAN, Judge.

The offense is bigamy; the punishment confinement in the penitentiary for five years.

One question is presented for review. Appellant based his motion for a new trial on newly discovered evidence, and attached thereto a letter claimed to be newly discovered evidence. The motion for a new trial was sworn to before appellant’s attorney. An attorney for the defendant is not authorized to take affidavits to be used in the case in which he represents the defendant. Garner v. State, 272 S. W. 167. It is recited in the order overruling the motion for a new trial that evidence was…