Cain v. State

Hall, Justice.

Hardwick Cain was convicted by a jury of the armed robbery of the Oaks Motel in Newnan and of aggravated assault for the shooting of the motel proprietor. He appeals the denial of his motions to sever his trial from that of his two co-defendants, Willie Howard Cunningham and Willie James Bettie.

At trial, despite direct identification of the defendant by the motel owner, Cain denied ever being at the Oaks Motel and claimed that he and the two other indictees had never left Interstate 85. He testified further that he had purchased the gun identified as that of the motel proprietor…