Legal Opinion

Bobo v. State

Court of Criminal Appeals of Texas

Decided December 7, 1921No. 6511PublishedCited by 6 opinions

Appeal from the County Court of Wichita. Tried below before the Honorable Guy Rogers. Appeal from a conviction of wife desertion, etc.; penalty, a fine of $50 and thirty days confinement in the county jail. The opinion states the case. Cited cases in opinion. Cited cases in opinion.

1Opinion of the Court

HAWKINS, Judge.

Conviction is for wife desertion; penalty $50 fine and thirty days in jail.

New trial was applied for on the ground, among others, of newly discovered evidence. The affidavit of the wife is attached, setting out what is claimed to be the evidence coming to appellant’s knowledge since the trial, but the motion for new trial as it appears in the record is not sworn to either by counsel or accused. A motion for new trial not so sworn to, when the ground stated is newly discovered evidence, is entirely insufficient. (For authorities, see notes 7 and 9, under Article 840, Vernon’s C.…

2Cases cited4 opinions

  1. O'Brien v. StateCourt of Criminal Appeals of Texas · 1921
  2. Irving v. StateCourt of Criminal Appeals of Texas · 1914
  3. Reid v. StateCourt of Criminal Appeals of Texas · 1920
  4. Reid v. StateCourt of Criminal Appeals of Texas · 1921

3Cited by6 opinions

  1. Ex Parte FiltzerNevada Supreme Court · 1940
  2. Kachel v. StateCourt of Criminal Appeals of Texas · 1923
  3. McNally v. StateCourt of Criminal Appeals of Texas · 1935
  4. Blair v. StateCourt of Criminal Appeals of Texas · 1934
  5. Ellis v. StateCourt of Criminal Appeals of Texas · 1925

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