Holmes v. Commonwealth

The only question raised in this case is, in considering *965a motion to set aside a verdict on the ground of after-discovered evidence, may a trial judge receive counter affidavits disputing the alleged facts, weigh the contradictory statements, and make his decision accordingly?

The facts as certified to us in the record are substantially as follows: C. W.-Williams, while collecting premiums for an industrial insurance company on the night of November 16, 1929, in that part of South Richmond called “Tanyard Bottom,” was robbed of $80.00. Williams claims that Raymond Holmes, the accused, struck…