Sheppard v. State

OPINION

BUSSEY, Judge:

Appellant, Johnny L. Sheppard, was convicted in Comanche County District Court, Case No. CRF-84-59, of the crime of Possession of Phencyclidine, After Former Conviction of a Felony, and appeals. In appellant’s only assignment of error, he contends that the trial court erred in overruling his motion for a new trial based on newly discovered evidence.

On February 2, 1984, Officers Russell and Brown entered a Comanche County tavern known as Pat’s Place in search of an armed robbery suspect, Officer Brown testified that upon entering the tavern he saw the defendant with a…