Cash v. State

Nichols, Justice.

Robert Cash was indicted for the offenses of armed robbery and aggravated assault. The jury hearing the case found him guilty, his motion for new trial was overruled, and the present appeal filed.

1. On the trial of the case the defendant presented evidence of alibi. One ground of the amended motion for new trial is based on newly discovered evidence to support the defendant’s claim of alibi. Both the evidence adduced on the trial and the newly discovered evidence as to alibi place the defendant at the same gathering.

Pretermitting any question as to sufficiency of such ground…