Brown v. State

On December 24, 1902, in Jefferson county, E. L. O. Gay was first robbed, then murdered, and the storehouse in which his dead body lay was destroyed by fire. Ganus, Walker, Brown, and Timmons were jointly indicted for the murder. Walker was found guilty, and the judgment affirmed by this court. See Walker v. State, 118 Ga. 757. In that case it was ruled that whether Timmons was an accomplice or not was a matter to be determined by the jury. The evidence in the present case is substantially the same as that on the prosecution of Walker, and the new evidence is merely contradictory of that then…