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ROYAL v. STATE

No. 09 83 001 CR.

659 S.W.2d 135 (1983)

Ralph Wayne ROYAL, Jr., Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Beaumont.

As Corrected September 21, 1983.

Attorney(s) appearing for the Case

Theodore Johns, Beaumont, for appellant.

John R. DeWitt, Asst. Crim. Dist. Atty., Beaumont, for appellee.

OPINION

BROOKSHIRE, Justice.

Ralph Wayne Royal, Jr., complains that his Motion for New Trial should have been granted. The record indicates that the Motion for New Trial, which alleged newly discovered evidence, was filed with affidavit attached; but, thereafter, no hearing was requested or held and no action was taken by the Court either granting or denying the motion.

Appellant was convicted by a jury of misdemeanor theft. The Court assessed a...

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