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STATE v. WEISS

No. 09-98-072 CR.

8 S.W.3d 342 (1999)

The STATE of Texas, Appellant, v. Donald Edward WEISS, Appellee.

Court of Appeals of Texas, Beaumont.

Decided November 10, 1999.

Rehearing Overruled January 5, 2000.

Attorney(s) appearing for the Case

Michael R. Little, Dist. Atty., Liberty, for state.

Jerry E. Andress, Liberty, for appellee.

Before WALKER, C.J., BURGESS, and STOVER, JJ.

OPINION

DON BURGESS, Justice.

A jury convicted Donald Edward Weiss of capital murder. Weiss was then sentenced to life imprisonment in the Texas Department of Criminal Justice — Institutional Division. Weiss filed a motion for a new trial on the basis of newly discovered evidence. Following a hearing on that motion, the trial court granted Weiss a new trial. The State appeals alleging the trial court abused its discretion in granting Weiss' motion...

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