# Cartwright v. State

> Court of Criminal Appeals of Texas · January 28, 1953 · 158 Tex. Crim. 344

URL: https://www.frixlaw.com/law-library/cases/9653515

## Case

- **Full name:** Ira Loyd Cartwright v. State
- **Court:** Court of Criminal Appeals of Texas
- **Decided:** January 28, 1953
- **Citations:** 158 Tex. Crim. 344; 255 S.W.2d 878; 1953 Tex. Crim. App. LEXIS 1600
- **Precedential status:** Published
- **Opinion:** On rehearing by Davidson
- **Judges:** Morrison, Davidson
- **Cited by:** 13 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9653515

## Opinion text

ON APPELLANT’S MOTION FOR REHEARING.
DAVIDSON, Judge.
Appellant insists that consideration should have been given to the overruling of his motion for new trial based upon newly discovered evidence as shown by the affidavits of the alleged absent witness which were attached to the motion.
We note that the motion for new trial was not sworn to by appellant or by his counsel.
A motion for hew trial on the ground of newly discovered evidence must be sworn to. Branch’s P. C., Sec. 193, and author!-, ties there cited. See, also, Warren v. State, 120 Tex. Cr. R. 61 , 47 S. W. 2d 289 .
The motion for rehearing is overruled.
Opinion approved by the court.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9653515. Public record. Not legal advice.