Alexander v. State

ON MOTION FOR REHEARING

BELCHER, Judge.

Appellant, in his motion for rehearing, complains of the refusal of his motion for a new trial based upon newly discovered evidence. The testimony presented upon this motion shows that Mrs. Hester, who testified on the main trial, stated before the trial that she wouldn’t have signed “that confession but they promised (threatened) to take my baby away from me,” and after the. trial stated “I lied on that witness stand.” It is not shown what she lied about, therefore the materiality of same cannot be appraised. The statement about her baby could be used…