Wheeler v. Commonwealth

PALMORE, Judge.

The appellant, Charles Virgil Wheeler, was found guilty of aiding and abetting in an armed assault with intent to rob and was sentenced to a term of 21 years in prison. KRS 433.150. His conviction was affirmed on appeal. Wheeler v. Commonwealth, Ky., 395 S.W.2d 565 (decided April 17, 1964). While the appeal was pending he moved for a new trial on the ground of newly discovered evidence. RCr 10.02, 10.06. This appeal is taken from an order of the trial court overruling the motion for new trial.

As the essential facts of the case are detailed in the opinion resolving the first…