Turner v. State

OPINION

COHEN, Justice.

After the jury found appellant guilty of indecency with a child, the trial court assessed punishment at 15 years confinement.

The first point of error asserts that the trial court erred in overruling appellant’s motion for new trial, which was based on “new evidence,” pursuant to Tex.Code Crim.P.Ann. art. 40.03(6) (Vernon’s 1979). The motion contained an affidavit from the complainant, N.C., appellant’s 10-year-old stepdaughter. The affidavit stated:

I’m N.C. the same one who went to Court. Jerry Turner did not do what I said he did. The reason why I said he messed with me…