Owens v. State

Citations

• 35 Tex. 361

Syllabus

<p>I. On a trial for robbery the only evidence against the accused was the testimony of the prosecuting witness, and he was directly contradicted by numerous witnesses and on material points. Held, that a new trial should have been granted on the defendant’s motion.</p> <p>3. In this case the district courts are urgently admonished to relax the rigor of their practice in respect of new trials, especially in criminal cases. As they have the jury and the witnesses before them, they should grant a new trial whenever it appears that justice has not been done, or that the verdict is against the weight of the evidence, or when the evidence is so weak as to leave doubt of the guilt of the accused. The stringent rules by which this court governs its own practice with respect to granting new trials are not applicable to the district courts.</p>