State v. Goforth

On April 2, 1979, Jimmie D. Goforth was convicted of first degree robbery while armed with a deadly weapon. Goforth moved for a new trial on the basis of newly discovered evidence; the motion was denied. On appeal, Goforth claims the denial of a new trial was an abuse of discretion and there was no factual basis for the deadly weapon finding.

A robbery occurred at Yazzolino's Restaurant at about 10 p.m. on November 11, 1978. Ms. Lock, a restaurant employee, provided the police with a description of the robber. She said the robber fled in what appeared to be a Mustang automobile. From a photo…