Simon v. State

EVANS, Chief Justice.

The appellant was convicted of aggravated robbery and sentenced to twenty years imprisonment. The question on this appeal is whether the appellant is entitled to a new trial based on newly discovered evidence.

At approximately 9:15 p. m., on July 20, 1979, three armed men robbed a Safeway supermarket. The appellant was subsequently arrested and charged with the crime. At the trial, three Safeway employees, eyewitnesses to the robbery, identified the appellant as one of the three armed men in the store. The first of these witnesses, Thomas Hart, was unable to positively…