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Thompson v. State

The defendant introduced new evidence when he had a witness read over his written statement and testify that it did not include certain descriptive information regarding the assailant.

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James Thompson was convicted by a jury of one count of armed robbery and one count of aggravated assault.1 He filed this out-of-time appeal following the trial court’s denial of his motion for new trial. We affirm. The evidence showed that on September 12, 1998, Thompson was in the bathroom at a restaurant in College Park, Georgia when Ted Hornsby came in. Thompson demanded money from Hornsby, but Hornsby told Thompson that he did not have any money. Thompson then put a gun to Hornsby’s head and pulled the trigger five times. When the gun failed to fire, Thompson hit Hornsby in the head with the gun. Hornsby received a gash over his right eye and he was knocked unconscious. Thompson then took Hornsby’s wallet, which contained $273.

As Thompson tried to leave the restaurant, he was stopped by a cashier who thought he might be trying to leave without paying for a meal. But Thompson explained that he had just used the bathroom. He then left the restaurant with another man and drove away. A customer in the restaurant who observed Thompson and thought that he and his companion were acting strangely wrote down the tag number of his car. Although Hornsby could not identify his attacker, both the cashier and the restaurant customer identified Thompson as the man they saw leaving the restaurant that day.

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