Ruben Harris v. State Texas Book Reviews

Ruben Harris v. State Texas by 717 Court of Criminal Appeals of Texas No. 42 Book Summary

The offense is robbery by assault; the punishment, enhanced under the provisions of Article 62, V.A.C.P., life. Initially, appellant complains of the trial court's refusal to consider his amended motion for new trial and to grant a hearing
thereon. Appellant contends the court refused since the motion was not signed by him. The motion was based on allegedly newly
discovered evidence. The motion was not sworn to by the appellant or his counsel and for this reason alone it is not sufficient
to present for review the claimed error. Browning v. State, Tex. Crim. App., 432 S.W.2d 85 and authorities there cited. Such
rule is well established and the attached affidavit of the allegedly newly discovered witness alone will not suffice. Browning
v. State, supra; Martin v. State, 169 Tex. Crim. 423, 334 S.W.2d 796; Barnett v. State, 160 Tex. Crim. 622, 273 S.W.2d 878.
In the case at bar the amended motion for new trial did not have attached to it the affidavit of the supposedly newly discovered
witness. There is found elsewhere in the record such an affidavit which the clerk noted was never filed.

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