Caldwell v. State

McDonald, judge.

The offense is assault with intent to murder with malice; the punishment, five years in the penitentiary.

No statement of facts accompanies the record in this case.

The sole question presented for review is that the action of the trial court in overruling appellant’s motion for new trial, based upon newly discovered evidence of insanity, constitutes error.

The record reflects that appellant’s trial was concluded with the jury verdict on April 12, 1962. Thereafter, on April 18, 1962, appellant’s present counsel, J. M. Anderson, filed a motion for new trial to the effect that the…