Moon v. State

ON MOTION FOR REHEARING.

LATTIMORE, JUDGE.

We notice each of the grounds of appellant’s motion for rehearing, in inverse order.(1) Newly discovered evidence. The property in question was stolen on the night of February 5, 1933. Appellant and his witnesses locate him at the residence of Mr. Turner that night, thus making out a defense of an alibi, if believed by the jury. The two newly discovered witnesses make affidavits that they knew appellant well, and that they saw and were with him at Turner’s residence on the night of February 5, 1933. Being well known to and by appellant, such knowledge…