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198 S.W. 291

Fisher v. State

Court of Criminal Appeals of Texas

Decided October 31, 1917

Court of Criminal Appeals of Texas · decided 1917-10-31

<p>Criminal Law <§=^1124(3) — Appeal—Record —Matters Presented eos Review.</p> <p>The denial of a motion for a new trial for newly discovered evidence cannot be considered on appeal, where the evidence is.not brought up.</p>

Affirmed · Decided 1917-10-31

DAVIDSON, P. J.

¶1Appellant was convicted of murder, his punishment assessed at ten years’ confinement in the penitentiary.

¶2The record is without statement of facts-as well as without bills of exception. So far as we can ascertain from' the record, there was no error committed. The motion for new trial sets up the fact that there was newly discovered testimony. It is unnecessary to undertake to discuss that question without the evidence.

¶3The judgment is affirmed.

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