Texas Code of Criminal Procedure 40.001 – New Trial On Material Evidence
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Terms Used In Texas Code of Criminal Procedure 40.001
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
A new trial shall be granted an accused where material evidence favorable to the accused has been discovered since trial.