Earnest v. State

MARTIN, Judge.

Offense burglary, penalty two years in the penitentiary.

Three bills of exception appear in the record. The first raises the question of the error of the court in refusing a new trial for newly discovered evidence. The affidavits of two witnesses appended to the motion for new trial show, among other things, that on the day of the alleged burglary, appellant was not out of sight of witnesses and was in their presence at such time. Appellant must have known of these witnesses prior to the trial, as it is alleged he was not out of their sight on the date of the burglary. No…