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PORTER v. COMMONWEALTH

435 S.W.2d 756 (1968)

Nathaniel Frank PORTER and Wilmer Gene Rudy, Appellants, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

Rehearing Denied January 31, 1969.

Attorney(s) appearing for the Case

Allan Weiss and Manley N. Feinberg, Louisville, for appellants.

Robert Matthews, Atty. Gen., John Browning, Curren Clem, Asst. Attys. Gen., Frankfort, for appellee.

CULLEN, Commissioner.

Nathaniel Frank Porter and Wilmer Gene Rudy were sentenced in 1966 to life imprisonment upon a conviction of armed robbery. In July 1967 they filed a motion for a new trial on the ground of newly discovered evidence. After a full consideration of affidavits and other documents submitted in support of the motion the trial court entered an order overruling the motion. Porter and Rudy have appealed from that order.

The offense of which Porter...

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