Carr v. Commonwealth

HOGG, Judge.

Ora Lee Carr appeals from a judgment wherein he was convicted of the crime of maliciously cutting and wounding Leonard Alexander, with intent to kill, and sentenced to the penitentiary for a term of ten years. He contends that the court below erred in refusing to grant him a new trial upon the ground of newly discovered evidence.

A summary of the essential evidence adduced at the trial is necessary in order to properly consider appellant’s contention that he should have had a new trial. Only two eyewitnesses testified — Alexander and the appellant.

Alexander testified that about…