Maultsby v. State

ON MOTION FOR REHEARING.

HAWKINS, Judge.

— Appellant complains that his claim of newly discovered evidence set up in his motion for new trial was not sustained. It appears from the face of his motion that the claimed newly discovered evidence could by the use of proper diligence have been known to appellant during the trial. The witness was present in the court at the instance of the State. The State did not call him. No effort seems to have been made by appellant to ascertain what his testimony would be if placed upon the witness stand. The witness withheld nothing from appellant, nor misled…