Marshall v. State

LATTIMORE, Judge.

Conviction for theft of cattle; punishment, two years in the penitentiary.

In our opinion this case should be reversed for the refusal of appellant’s motion for new trial sought because of the newly discovered evidence of Norris, whose affidavit clearly shows his testimony to be material and newly discovered. That it was in a way cumulative, would not justify the refusal of a new trial under the facts. Wood v. State, 70 S. W. (2d) 439; *157Carter v. State, 37 Texas Crim. Rep., 406; Lumpkin v. State, 84 Texas Crim. Rep., 33; Barber v. State, 87 Texas Crim. Rep., 585; Anderson v.…