Brady v. State

ON MOTION FOR REHEARING.

HAWKINS, Judge.

It is insisted by appellant that under the facts of this case it should be regarded as presenting an exception to the general rule regarding newly discovered evidence because appellant was without an attorney to represent him at the time of the trial. He was not charged in the indictment with an offense which could be punished by the infliction of the death penalty, and for that reason the court was not required by law to appoint counsel for him. See article 494, C. C. P., and authorities noted thereunder in Vernon’s Ann. Tex. Cr. St., C. C. P., vol. 1.…