Kinmon v. Commonwealth

CULLEN, Commissioner.

William R. Kinmon, serving a life sentence in the penitentiary under a conviction of armed robbery, moved the trial court for a new trial (RCr 10.06) on the ground of newly discovered evidence and for vacation of his sentence (RCr 11.42) on the ground that he did not receive a fair trial because he was tried jointly with a codefendant, one Clyde Collier. The court overruled the motions without a hearing. Kinmon has appealed.

Two eyewitnesses testified on the trial that Kinmon and Collier committed the robbery. Collier testified that he was not at the scene. Kinmon did not…