McFarland v. State

ON MOTION FOR REHEARING.

KRUEGER, Judge.

Appellant has filed quite a lengthy motion for a rehearing in which he earnestly contends that we erred in our original opinion by sustaining the trial court in overruling his motion for a new trial based on newly discovered • evidence. The testimony claimed to be newly discovered is to the effect that Joseph Clifford McFarland, a brother of appellant, would testify, if a new trial were granted, that about two years prior to the time of the alleged offense he was at the home of J. H. Atwell, at which time he saw the gun with which the alleged offense was…