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STONE v. COMMONWEALTH

456 S.W.2d 43 (1970)

James Oliver STONE, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

June 12, 1970.

Attorney(s) appearing for the Case

David Deep, King, Deep, Branaman & Hunt, Henderson, for appellant.

John B. Breckinridge, Atty. Gen., David E. Murrell, Asst. Atty. Gen., Frankfort, for appellee.

STEINFELD, Judge.

Appellant, James Oliver Stone, was indicted by the Henderson County Grand Jury for having feloniously taken a payroll check from the Henderson City Garage. KRS 433.180. He was tried, found guilty and sentenced to two years in the penitentiary. He unsuccessfully moved for a new trial solely on the basis of the discovery of evidence which he contends could not have been discovered with reasonable diligence prior to the trial. On his appeal he asserts...

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