0821 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

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ORIGINAL MOTION FOR NEW TRIAL

STATE OF GEORGIA
vs.
LEO M. FRANK

CONVICTION OF MURDER
IN FULTON SUPERIOR COURT.

MOTION FOR NEW TRIAL

And now comes the defendant in the above stated case and moves the court for a new trial upon the grounds following, to-wit:
1. The verdict is contrary to the evidence.
2. The verdict is contrary to the law.
3. The verdict is against the weight of the evidence.
4. The court, over the objection of the defendant, heard evidence of other transactions and tending to establish other crimes and offenses, wholly separate and distinct from the charge in the Bill of Indictment, to the injury and prejudice of the defendant.

Wherefore, for these and other good grounds to be urged upon the hearing, the defendant, Leo M. Frank, moves that said verdict be set aside and a new trial granted.
REUBEN R. ARNOLD,
L. Z. ROSER,
HERBERT J. HAAS,
Attorneys for Leo M. Frank, Movant.

—Read and considered. Let the foregoing motion for new trial be filed and let a copy thereof be served upon the Solicitor General. It is ordered that the State show cause before me on the fourth day of October 1913, at my Chambers, Thrower Building, Atlanta, Ga., why the verdict should not be set aside and a new trial granted. In the meantime, and until after this motion may be heard, it is ordered that the movant have the right to prepare and have approved and filed a proper brief of the evidence in said case; and that should said motion be postponed, that such right to prepare and have approved and file such brief of the evidence shall exist and remain in the movant until such time as the motion may be finally heard. In the meantime let the execution of the court's sentence be suspended. It is further ordered
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