Johnson v. State

DAVIDSON, Presiding Judge.

The State admits that a new trial should have been granted on newly discovered testimony mentioned in the motion for a new trial. We agree that the Assistant Attorney-General is correct in this statement or admission. Perhaps it might be necessary to state some of the facts in this connection to show the reason why this is correct. Appellant was the owner or proprietor of a wagon yard at Merkel station on the Texas & Pacific Railway about seventeen miles west of the town of Abilene. Abernathy, from whose person the money is alleged to have been taken, was at…