Cruz v. State

ON MOTION FOR REHEARING.

MORROW, Presiding Judge.

In the motion for rehearing it is made apparent that at the cafe in which the injured party was shot there were a great number of people present at the time of the occurrence.

The new evidence upon which appellant relies in his motion for new trial is the affidavit of Juan Ramirez. According to the affidavit, Ramirez was in the restaurant in which the offense is claimed to have been committed. From the affidavit we quote: “Just a little bit after I went in, the Mexican that got shot, I didn’t know his name then, who is Pedro, said that he was…