Henderson v. State

MORROW, Presiding Judge.

The offense is rape of a female under the age of sixteen years; penalty assessed at confinement in the penitentiary for five years.

It is charged by indictment filed November 18, 1931, that on July 17th of that year, the appellant, committed the offense of rape. The case was tried on May 31, 1933. The motion for new trial was filed June 10, 1933. The motion is founded upon the claim of the discovery of new and material evidence favorable to the appellant :

No statement of the facts heard upon the trial is before this court.

In Bill of Exception No. 1, it appears that the…