Hale v. State

ON APPELLANT’S MOTION FOR REHEARING.

CHRISTIAN, Judge.

Appellant contends that we were in error in holding that the testimony alleged to be newly discovered was purely impeaching in its character and effect and afforded no basis for a new trial. In his Annotated Penal Code, sec. 202, Mr. Branch states the rule as follows: “Newly, discovered testimony which would not be admissible as original evidence, but which could only be used to discredit or impeach the testimony of a witness who has testified on the trial of the case, is not ordinarily ground for a new trial, and the discretion of the…