Etter v. State

OPINION ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

ONION, Presiding Judge.

Appellant was convicted of murder with punishment assessed by the jury at fifty (50) years’ imprisonment. The co-defendant, Richard Glen Morgan, who was jointly tried, was acquitted.

On appeal appellant Etter complained the trial court erred in overruling the motion for new trial based, inter alia, on the “newly-available” testimony of the co-defendant Morgan who did not testify at the trial on the merits. She also urged error on the part of the trial court in overruling Morgan’s motion for instructed verdict of not…