Vasquez v. State

ON APPELLANT’S SECOND MOTION FOR REHEARING

MORRISON, Judge.

We were in error in our original opinion in stating that the evidence showed that one of the two alleged newly discovered witnesses had talked to both attorneys for the accused and the State. The record reflects only that she had talked to appellant’s attorney. This does not, however, change our conclusion that reversible error is not reflected. The basic distinction between the case at bar and Anderson v. State, 93 Tex.Cr.R. 634, 248 S.W. 681, relied upon by appellant, is that in Anderson there was only one newly discovered witness called upon to testify and no question was raised as to her veracity, nor did her testimony conflict with what the other witness, who was not called, had said. Here we have two witnesses whose testimony on the motion for new trial varies in so many respects that the trial court might reasonably have concluded that neither was telling the truth.

Remaining convinced that we properly disposed of this cause originally, appellant’s second motion for rehearing is overruled.