Bankston v. State

DAVIDSON, Presiding Judge.

Appellant was convicted of murder and allotted thirty years confinement in the penitentiary.

Motion and amended motion for new trial were properly filed, but were overruled by the court. Appellant gave notice of appeal. During the term at which the conviction occurred, and after notice of appeal had been given, a supplemental motion for new trial was filed with the permission, if not at the instigation, of the trial judge, upon newly discovered testimony. In answer to the supplemental motion the court awarded a new trial. This all occurred at the trial term. The…