Banks v. State

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 2:30 p.m. on November 7,1974. Later that afternoon, Jerry Banks, while deer hunting with a dog, discovered the bodies and alerted the…