Henson v. State

ON MOTION FOR REHEARING.

HAWKINS, Presiding Judge.

In his motion for rehearing appellant urges that we were in error in holding that the trial court properly overruled his motion for new trial based upon the newly discovered evidence of the witness McMullen.

Appellant brought himself squarely within the rule that the evidence sought from the said witness vzas newly discovered, and that there was no lack of diligence in the failure to sooner discover it.

It must be borne in mind that appellant’s defense was based upon the claim that he acted in self defense in shooting Box, predicated upon…