Bishop v. Commonwealth

'Opinion op the Court by

Judge Rees

— Affirming.

The appellant, Clyde Bishop, has been convicted of the crime of robbery and sentenced to ten years’ imprisonment in the state penitentiary. The only ground relied upon by him in his motion for a new trial in the circuit court.was newly discovered evidence. His motion for a new trial was overruled, and he has appealed.

The evidence is in narrative form, and briefly stated is as follows: J. R. Dupree, the prosecuting wit* ness, testified that on the night of May 7, 1937, he went to a room on the second floor of a building on Front street in…