Goins v. State

Citations

• 41 Tex. 334

Syllabus

<p>1. New Trial.—An application for new trial, based on newly-discovered testimony, must show that it is material and likely to affect the verdict, and must show due diligence or excuse want of diligence to obtain it on the trial.</p> <p>2. Alibi.—It seems that a defendant cannot excuse want of diligence in obtaining evidence to prove an alibi.</p> <p>3. Witness under the bule.—It is within the discretion of -the District Court to permit a witness who had been under the rule, and who had been discharged and had been at large, to be recalled to explain his testimony.</p>