CARWILE v. COM.


694 S.W.2d 469 (1985)

Charles Gene CARWILE, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

August 9, 1985.


Attorney(s) appearing for the Case

Phillip C. Kimball, Louisville, for appellant.

David L. Armstrong, Atty. Gen., John S. Gillig, Asst. Atty. Gen., Frankfort, for appellee.

Before COOPER, HOWERTON and LESTER, JJ.


LESTER, Judge.

This is an appeal from an order denying appellant's motion for a new trial upon the basis of newly discovered evidence. The appellant is serving a life sentence for a conviction of murder. The facts being somewhat complicated, we find it unnecessary to restate them in full within this opinion.

However, appellant's argument, both in the court below and on appeal, is that he now has available an eyewitness to the crime who will testify favorably...

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