McFall v. State

KRUEGER, Judge.

Appellant was convicted of the offense of aggravated assault and his punishment was assessed at confinement in the county jail for a period of thirty days.

The only complaint brought forward relates to the court’s action in overruling his motion for a new trial. He based his motion on two grounds, the first of which is that the evidence is insufficient to sustain his conviction; and second, on newly discovered evidence material to his defensive theory. On the hearing of the motion the court heard evidétice relative to what appellant claimed to be newly discovered and this is…