Cambpell v. State

Citations

• 29 Tex. 490

Syllabus

<p>The 6th division, article 672, of the Code of Criminal Procedure, reads as follows : “ Where new testimony material to the defendant has been discovered since the trial, a motion for a new trial based on this ground shall be governed by the same rules as those which regulate civil suits.” (Paschal’s Dig., Art. 3137, Note 762.) The motion should always be supported by the affidavits of the persons by whom the party expects to prove the facts alleged; or, if the affidavits have not been obtained, the failure must be satisfactorily accounted for. The court will then consider the question of diligence, and whether the evidence will probably change the result.</p>