Mims v. State

DAVIDSON, Presiding Judge.

Appellant was allotted five years in. the penitentiary under a conviction for manslaughter.

The motion for new trial alleges the court in several instances erred with reference to testimony and refers to bills of exception, but there are no bills of exception in the record. The only ground that needs revision is the refusal of the court to grant a new trial on account of newly discovered testimony. His application for a new trial is verified by his own affidavit that he was not aware of the testimony of the absent witness until after his conviction, and in general…