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VESSELS v. STATE

No. 41019.

432 S.W.2d 108 (1968)

T. R. VESSELS, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

On Rehearing July 24, 1968.

Rehearing Denied October 23, 1968.

Attorney(s) appearing for the Case

Warren Burnett, Odessa, for appellant.

Bill W. Waters, Dist. Atty., Pampa, and Leon B. Douglas, State's Atty., Austin, for the State.

OPINION

BELCHER, Judge.

The conviction is for rape; the punishment, death.

The appellant presents five grounds of error in his brief urging reversal.

In his motion for new trial filed November 8, 1966, appellant alleged in paragraph 7:

"The defendant would show to the court that there has been new testimony material to the defendant's defense which has been discovered since the time of the trial."

In his amended motion for...

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