Trigg v. State

ON MOTION FOR REHEARING.

HAWKINS, Judge.

Complaint is made that we did not discuss an alleged error in overruling the motion for new trial, one ground of which was purported newly .discovered evidence from a witness by the name of Jesse Wade.

Within thirty' minutes after the verdict of guilty was returned attorneys for appellant were in consultation with this witness, and within an hour had an affidavit from him which was attached to the motion for new trial. The facts set up in this affidavit comport with the defensive testimony. As soon as attorneys representing the state heard of this…