Opinion
No. 16297.
Delivered November 22, 1933.
New Trial — Statement of Facts.
Where new trial is sought upon ground of newly discovered evidence, the materiality of the evidence and probable effect upon another trial cannot be known to appellate court in absence of evidence heard upon the trial.
Appeal from the District Clerk of Potter County. Tried below before the Hon. Henry S. Bishop, Judge.
Appeal from conviction for the unlawful possession of intoxicating liquor; penalty, confinement in the penitentiary for two years. Affirmed.
The opinion states the case.
Joe V. Moore, of Amarillo, for appellant.
Lloyd W. Davidson, State's Attorney, of Austin, for the State.
The conviction is for the unlawful possession of intoxicating liquor for the purpose of sale; penalty assessed at confinement in the penitentiary for two years.
The indictment is regular and properly presented.
The evidence heard in the trial court is not brought up for review.
A new trial was sought upon the ground of newly discovered evidence. The materiality of the evidence and its probable effect upon another trial cannot be known to this court in the absence of the evidence which was heard upon the trial, which is not brought up for review.
Failing to find any matter presented which would justify a reversal of the judgment, an affirmance is ordered.
Affirmed.