BANKS v. STATE

36175.

246 Ga. 1 (1980)

268 S.E.2d 630

BANKS v. THE STATE.

Supreme Court of Georgia.

Decided June 9, 1980.


Attorney(s) appearing for the Case

A. J. Welch, Jr., Stephen P. Harrison, Wade M. Crumbley, for appellant.

E. Byron Smith, District Attorney, W. Hal Craig, Assistant District Attorney, Arthur K. Bolton, Attorney General, for appellee.


UNDERCOFLER, Chief Justice.

This appeal involves an extraordinary motion for new trial in a death case based on newly discovered evidence. The trial court denied the motion. We reverse.

Marvin King, a Jonesboro High bandleader, and Melanie Hartsfield, a former student, were found murdered in a wooded area of Henry County. The evidence showed that they were killed by two shotgun blasts each, one in the back and one in the head, from a close range, at approximately...

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