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.