Stewart v. State

Stewart appeals the denial of his motion for a new trial.

*711Appellant was tried for and convicted of rape. In a motion for new trial, appellant’s attorney alleged that one week after his conviction appellant informed him that under another name he had previously been found legally insane and had been hospitalized as a mental patient. The newly discovered evidence consisted of testimony by a court-appointed psychologist and psychiatrist that appellant was insane. The motion also alleged that due diligence had been exercised by the defense to determine the possibility of psychiatric defense.…