FUQUA v. STATE

No. 43080.

457 S.W.2d 571 (1970)

Morris P. FUQUA, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

September 4, 1970.


Attorney(s) appearing for the Case

William L. Schroeder, Killeen, for appellant.

Stanley Kicar, Dist. Atty., and Dennis C. Holle, Asst. Dist. Atty., Belton, and Jim D. Vollers, State's Atty., Austin, for the State.


OPINION

MORRISON, Judge.

The offense is burglary of a private residence at night; the punishment, eight (8) years.

The sole question before this Court is whether the trial court's denial of appellant's motion for new trial, based on newly discovered evidence, was an abuse of discretion.

The evidence in this case centered around a stolen rifle which had been pawned by appellant. At the hearing on the motion for new trial, appellant's brother...

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