SIMON v. STATE

No. 01-81-0019-CR.

630 S.W.2d 681 (1981)

Daniel Gerrard SIMON, Appellant, v. STATE of Texas, Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

Rehearing Denied February 25, 1982.


Attorney(s) appearing for the Case

William W. Burge, Houston, for appellant.

Molly Naylor, Houston, for appellee.

Before EVANS, C. J., and DOYLE and STILLEY, JJ.


EVANS, Chief Justice.

The appellant was convicted of aggravated robbery and sentenced to twenty years imprisonment. The question on this appeal is whether the appellant is entitled to a new trial based on newly discovered evidence.

At approximately 9:15 p. m., on July 20, 1979, three armed men robbed a Safeway supermarket. The appellant was subsequently arrested and charged with the crime. At the trial, three Safeway employees, eyewitnesses to the robbery...

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