Barnett v. State

DAVIDSON, Judge.

This is a conviction for aggravated assault by an adult male upon a female; the punishment, a fine of $150 and six months in jail.

In his brief, the appellant correctly asserts that the sole question presented for review relates to the action of the trial court in overruling his amended motion for new trial based upon newly discovered evidence.

The motion for new trial, as it appears in this record, was not sworn to by appellant or his attorneys. There was attached to the motion the affidavit of the alleged newly discovered witness.

A motion for new trial because of newly…