Sykes v. State

CHRISTIAN, Judge.

The offense is selling intoxicating liquor, punishment confinement in the penitentiary for one year.

The state’s witness, Joe Mitchell, testified positively to the purchase of, a pint of whisky from appellant.

One question is presented for review. Appellant based his amended motion for a new trial on newly discovered evidence, and attached to said motion the affidavits of three witnesses whose testimony he claimed to be material. The order of the court overruling the motion for a new trial recites that evidence was heard thereon. No evidence is brought before this court either…