West v. State
Court of Appeals of Texas
Appeal from the District Court of Dallas. Tried below before the Hon. N. M. Burford. The indictment was filed in February, 1873, and charged the appellant with the murder of Robert Montgomery, October 1, 1872. The cause came to trial at the January term, 1876, of the district court. There was no controversy as to the means by which the deceased came to his death, nor that the appellant was the person who fired the fatal shot.
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Appeal from the District Court of Dallas. Tried below before the Hon. N. M. Burford. The indictment was filed in February, 1873, and charged the appellant with the murder of Robert Montgomery, October 1, 1872. The cause came to trial at the January term, 1876, of the district court. There was no controversy as to the means by which the deceased came to his death, nor that the appellant was the person who fired the fatal shot. The verdict was murder in. the second degree, and five years in the penitentiary the punishment awarded. Many witnesses testified'at the trial, but, only one of them…
1Opinion of the CourtWinkler, J.
Article 672,of the Code of Criminal Pro*213cedure lays down the several grounds upon which new trials' in cases of felony shall be granted, and among them is the following: “6. When new testimony, material to the -defendant, has been discovered since the trial.” It is also provided that a motion for a new trial, based on the ground of newly-discovered evidence, shall be governed by the same rules as those which regulate civil suits. Pasc. Dig., Art. 3137.
A standard author, treating of the subject, says : “ After-discovered evidence, in order to afford a proper ground for the granting of a new…
2Cases cited2 opinions
- Higginbotham v. StateTexas Supreme Court · 1859
- Spillars v. CurryTexas Supreme Court · 1853