Stapler v. State

ON MOTION FOR REHEARING.

LATTIMORE, Judge.

— Appellant insists that we did not discuss an alleged error in the overruling of his motion for new trial based on a claim of newly discovered evidence. We discussed the three bills of exception appearing in the record. There is in the record no bill of exception or statement of facts presenting evidence heard by the trial court upon the hearing of the motion for new trial. It appears that appellant attached to his motion for new trial affidavits of alleged newly discovered wit nesses, but the order of the trial court overruling said motion recites:…