Cartwright v. State

ON APPELLANT’S MOTION FOR REHEARING.

DAVIDSON, Judge.

Appellant insists that consideration should have been given to the overruling of his motion for new trial based upon newly discovered evidence as shown by the affidavits of the alleged absent witness which were attached to the motion.

We note that the motion for new trial was not sworn to by appellant or by his counsel.

A motion for hew trial on the ground of newly discovered evidence must be sworn to. Branch’s P. C., Sec. 193, and author!-, ties there cited. See, also, Warren v. State, 120 Tex. Cr. R. 61, 47 S. W. 2d 289.

The motion for…