Epling v. Commonwealth

Opinion of the Court by

Judge Willis

Affirming.

John Ell Epling was convicted of the crime of carnally knowing a female under the age of eighteen years, and condemned to serve two years in the penitentiary. He has pros'ecnted an appeal complaining mainly of the failure of the trial court to grant him a new trial upon the ground of newly discovered evidence. Some other incidental contentions are advanced which will be disposed of as the opinion proceeds.

The prosecuting witness testified to several instances of intercourse between her and the defendant, but the commonwealth elected to rely upon a…