Scott v. State

Hawes, Justice.

Lee Scott was jointly indicted with five other named individuals, charged with the offense of armed robbery and in a separate indictment with the offense of aggravated assault upon the person of one Emeterio Alvarez. He plead not guilty on both indictments and upon his separate trial was found guilty as to both charges. His motion for a new trial on the general grounds and on several special grounds was overruled and he appealed.

The evidence showed that the accused was employed as a night steward by the Diplomat Restaurant in the City of Atlanta. As such, it was his duty to…