James E. Whitmore, Appellant v. the State of Texas, Appellee

Summary

The Court reversed the judgment and remanded for a new trial because the newly available testimony of co-defendant Harrell Totty was material and the constitutional right to compulsory process outweighs the procedural deadline for filing a motion for new trial. The decision notes that the appellant was denied a fair trial by not being able to use this testimony, and that the time‑limit provision must yield to the Sixth Amendment right.