Burnham and Brown v. State

LATTIMORE, Judge.

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

A negro man claimed to have been held up by appellants and robbed of sixteen dollars. This man was practically uncorroborated. The defendants claimed that the three of them engaged in a game of dice in which the prosecuting witness lost his said money. The case on its facts seems to rest upon close lines.

We are of opinion that a new trial should have been granted upon the ground of newly discovered evidence. The showing made by appellants was sufficient. The newly discovered evidence was…