ETTER v. STATE

No. 314-82.

679 S.W.2d 511 (1984)

Nancy Lynn Schnack ETTER, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

October 31, 1984.


Attorney(s) appearing for the Case

Edward A. Mallett, Houston, James M. Pape, San Marcos, David R. Bires, Houston, for appellant.

John B. Holmes, Jr., Dist. Atty., Calvin A. Hartmann and Don Stricklin, Asst. Dist. Attys., Houston, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.


OPINION ON APPELLANT'S PETITION FOR DISCRETIONARY REVIEW

ONION, Presiding Judge.

Appellant was convicted of murder with punishment assessed by the jury at fifty (50) years' imprisonment. The co-defendant, Richard Glen Morgan, who was jointly tried, was acquitted.

On appeal appellant Etter complained the trial court erred in overruling the motion for new trial based, inter alia, on the "newly-available" testimony of the co-defendant Morgan who did...

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