Waddell v. State

OPINION

MORRISON, Judge.

The offense is assault with intent to murder; the punishment, five (5) years.

Appellant’s first ground of error, not supported by authority, that the trial court erred in not granting him probation is overruled. Holgin v. State, Tex.Cr.App., 480 S.W.2d 405; Green v. State, Tex.Cr.App., 474 S.W.2d 212.

His second ground of error is that the trial court abused his discretion in refusing to grant his motion for new trial based upon alleged newly discovered evidence. We shall discuss how this contention arose.

After the jury had returned its verdict of guilty, the defense…