Powell v. Commonwealth

Sims, J.,

after making the foregoing statement, delivered the following opinion of the court:

In the view we take of the case, it will be'necessary for us to consider only 'one of the assignments of error, namely:

1. Did the court err in refusing to set aside the verdict and grant a new trial on the ground of the after discovered evidence disclosed by the affidavit above quoted, which, if true, shows that the testimony of the principal witness for the Commonwealth, on the vital question in the case, of whether there was provocation which justified the shooting, on which the verdict in large part…