McDowell v. State

Appellant was convicted in Criminal District Court No. 2 of Dallas County of the offense of murder, and his punishment fixed at ten years in the penitentiary.

There is but one contention made on behalf of the appellant on this appeal and that is that he should have been granted a new trial because of newly discovered evidence. In a general way the authorities sustain the proposition that to warrant a new trial on the ground that newly discovered testimony is presented, it is incumbent on the accused to satisfy the court that such testimony has come to his knowledge since the trial and that it…