Commonwealth v. Johnson

Opinion by

Van der Voort, J.,

This is an appeal from the denial of defendant-appellant’s Motions for a New Trial and In Arrest of *366Judgment based on a claim of newly discovered evidence.

Appellant was convicted at a trial by jury, of four (4) counts of robbery. At the trial, evidence was presented from which the jury was clearly justified in finding that appellant had in fact committed the robbery. Defendant chose not to take the stand, but did present testimony from a cousin and from his mother. From this testimony, the jury could have inferred that appellant was at home in bed at the time of…