Court of Criminal Appeals of Texas

Carbett Lee Jones, Appellant v. the State of Texas, Appellee

June 4, 19861986 Tex. Crim. App. LEXIS 743

Summary

The Court of Criminal Appeals of Texas affirmed the lower appellate court's judgment, holding that the trial court did not abuse its discretion in denying the appellant's motion for a new trial based on newly discovered evidence. The Court found the new evidence was merely impeaching and not likely to change the result. A concurring opinion agreed with the result, emphasizing that the trial court correctly denied the motion without elaboration as required by Article 40.07. Justice ONION, dissenting, would have voted to refuse review.