Lindley v. State

Citations

• 11 Tex. Ct. App. 283

Syllabus

<p>1. Bills of Exception — Practice,—Affidavits will not suffice to authenticate the recitals in a bill of exception which are qualified or disputed by the trial-judge in his note of explanation thereto. If the court refuses a full and fair biE of exceptions, the defendant is authorized to resort to by-standers.</p> <p>3. Practice.— If the State has concealed witnesses from the defense until placing them upon the stand, the defendant’s resource is by motion in writing for permission to withdraw his announcement for trial. He cannot test his strength with the State and, in the event of defeat, urge such concealment in his motion for new trial. Fairness is incumbent on the prosecution.</p> <p>3. New Trial—Newly-Discovered Evidence.—Motion for new trial on account of newly-discovered evidence should not be granted when it is clear that the new evidence would not change the result; but when it is doubtful how it would affect the verdict, the doubt should be resolved in favor of the accused. See the opinion for the rule and authorities.</p>