0313 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

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EXHIBIT-LL.

State of Georgia,
Vs.
In the Superior Court of Fulton County,
Leo M. Frank.
Georgia.

To the Honorable George L. Bell, Judge of the Fulton Superior
Court:

This application is presented to the Court by Leo M.
Frank, the defendant in the above stated case; and shows to the
Court the following facts:

The above stated case of the State of Georgia, Vs. Leo M.
Frank, indictment for murder, has been tried, a verdict found,
and this defendant sentenced; and a motion for a new trial in
said case is now pending before Honorable L. S. Roan, Judge of
the Stone Mountain Circuit, and hearing set for October 4, 1913.

It is shown to this Court that there is a certain party in
the City of Atlanta, one C. P. Stough, whose affidavit is desired
by this defendant to be used as evidence on the motion for new
trial, and that said C. P. Stough refuses to said affidavit
and it is desired to take testimony of said C. P. Stough under
Section 5618 of the Code of 1910 of the State of Georgia.

Wherefore, the premises considered, this application is made
for the purpose of having this Court name a Commissioner to
take said testimony and for the purpose of having subpoenas
issued as provided in said Section of the Code, requiring said
C. P. Stough to be and appear before said Commissioner at a date
and place named, to answer certain questions to be propounded to
him by Counsel for said defendant.

This September 29th, 1913.

R. R. Arnold,
L. Z. Rosser,
Defts. Attys.

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