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TIROFF v. STATE

No. 28615.

297 S.W.2d 826 (1956)

Walter TIROFF, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

November 21, 1956.

Attorney(s) appearing for the Case

Byron Matthews, Ronald Aultman, Randell C. Riley, Ft. Worth, for appellant.

Howard M. Fender, Criminal Dist. Atty., Conrad Florence and Hugh F. King, Asst. Criminal Dist. Attys., Ft. Worth, and Leon B. Douglas, State's Atty., Austin, for the State.

MORRISON, Presiding Judge.

The offense is rape; the punishment, 10 years.

This opinion will be lengthy because it must cover two statements of fact of equal length, one on the original trial and the other on the motion for new trial. The sole question presented for review is the refusal of the trial court to grant a new trial on the grounds that an inculpatory witness made an affidavit following the original trial...

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