Ex. Parte Newman

HURT, Presiding Judge.

Appellant was charged by indictment with robbery by the use of firearms. The indictment charges a capital offense. Upon the trial below, relator introduced one witness, Lewis, the prosecutor and alleged injured person. This witness failed to identify the relator as one of the parties engaged in the robbery. The names of a number of witnesses were on the back of the indictment. These witnesses were not used by the relator. The testimony of this witness shows that other parties were engaged in the robbery, but that he did not know who they were. The court below refused…