239 S.W. 949 | Tex. Crim. App. | 1922
Appellant was convicted for incest with his stepdaughter, punishment being assessed at 10 years’ confinement in the penitentiary. It would serve no good purpose to set out the evidence. To our minds it is amply sufficient to support the verdict. The evidence corroborating that of the stepdaughter is sufficient to meet the requirement of the law.
In his motion for new trial appellant sets up newly discovered evidence, and attaches thereto the affidavit of his wife to the effect that on the night of the 24th day of August, 1921 (the date on which the offense is alleged to have occurred), she slept in the room with
Where a party convicted seeks a new trial on the ground of newly discovered evidence, in addition to setting forth the facts in which the new testimony consists, accused must satisfy the court that the new, testimony has come to his knowledge since the trial, and that it was not owing to any want of diligence that it was riot discovered sooner; and a new trial will not be granted for alleged newly discovered evidence which could have been obtained at the trial by the use of ordinary diligence. See many cases collated under section 198, p. 126, Branch’s Anno. P. ,C. Appellant has not even approached the fulfillment of the requirements relative to newly discovered- evidence to authorize a new trial.
The judgment of the trial court is affirmed.,