Deuran v. State

The offense is murder; the punishment, confinement in the penitentiary for four years.

The opinion on a former appeal is reported in 130 Tex. Crim. 308,94 S.W.2d 181. It appears that the testimony adduced upon the present trial was substantially the same as that set forth in the opinion to which we have referred. Hence we deem it unnecessary to again make a detailed statement of the evidence.

Appellant's chief contention is that he should have been granted a new trial because of newly discovered evidence. It appears that Lester Wilkerson, the alleged newly discovered witness, was present at the…