Lacy v. State

LATTIMORE, Judge.

Conviction for robbery; punishment, five years in the penitentiary.

*363That appellant, armed with a pistol, took from Mr. Glenn $931.00, as set out in the indictment, was not disputed in testimony. The defense was insanity, which was submitted to the jury in a charge to which no exceptions were taken. Complaints of the refusal of a new trial appear in two bills of exception, one setting out that because of newly discovered testimony, and the other because of misconduct of the jury, such new trial should have been granted.

What is called newly discovered evidence, in this case,…