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STATE v. KING

No. 15991.

313 S.E.2d 440 (1984)

STATE of West Virginia v. James Curtis KING.

Supreme Court of Appeals of West Virginia.

Decided March 2, 1984.

Attorney(s) appearing for the Case

David R. Tyson, Tyson & Tyson, Huntington, for appellant.

Chauncey H. Browning, Jr., Atty. Gen., John E. Shank, Asst. Atty. Gen., Charleston, for appellee.

PER CURIAM:

James Curtis King appeals from an order of the Circuit Court of Cabell County denying his motion for a new trial under Rule 33 of the West Virginia Rules of Criminal Procedure based on newly discovered evidence. The evidence King relied on was a written confession made after his trial by a third person. Finding no error, we affirm.

Rule 33 provides that a court upon motion may grant a new trial if required...

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