Chastain v. State

Brown, J.,

(dissenting) — The evidence in this case raises such a serious doubt of the guilt of the defendant that I think that in the interest of justice this defendant, plaintiff in error here, should have a new trial. In the excitement of the moment, the opportunity of the bank cashier to plainly see the man (whom he testified was' one of the four who held up the bank) and subsequently identify him, was so very limited that it rendered the coirectness of his subsequent identification very doubtful, whereas the testimony of a number of witnesses, showed that at the time of the bank robbery…