Carbett Lee Jones v. State Texas

Appellant was convicted of the offense of delivery of marihuana, and his punishment assessed by the jury at ten years confinement. The only issue at trial was identity. Appellant timely filed a motion for new trial in which he alleged, inter alia, "that there is new evidence material to the defense discovered, to wit A witness whose identity and existence was not known to [appellant] at trial, and who would if located, testify that a person not known to [appellant] committed the offense." See Article 40.03(6), V.A.C.C.P. After a hearing the trial court denied the motion, without elaboration. On appeal appellant asserted as one of his grounds of error that the trial court erred in denying his motion.