Cole v. State

Tom Cole was convicted of the murder of Brown Mason, without a recommendation, and was sentenced to death. His motion for a new trial, based on the general grounds and on the ground of newly discovered evidence, was overruled, and he excepted.

Nezzie Hall, for the State, testified in part: “Me and Brown *136[the deceased] was walking up the street, and Tom Cole walked up and said ‘Hello, brother/ and Brown Mason told him ‘Good evening/ We walked on up about as far as from here to the store, and met a white lady. She was going in that direction [indicating], and we were going in this direction…