Marquez v. State

BROOKS, Judge.

Appellant was convicted of the theft of cattle and his punishment assessed at two years confinement in the peniten-. tiary.

' An inspection of the record discloses two motions, both of which are styled, “First Amended Motion for New Trial,” filed on the 24th- and 25th of February, respectively. The motion filed February 24th has the affidavit of appellant attached, claiming a new trial on the ground of newly discovered evidence, but the affidavit of the party by whom he proposed to prove the newly discovered facts is not attached to said motion. The motion filed on the 25th of…