Wellington v. Commonwealth

Opinion of the Court by

Judge Settle

Affirming.

The appellant was convicted in the Livingston Circuit Court under an indictment charging him with the murder of Frank Longnecker and his punishment fixed by the verdict of the jury at confinement in the penitentiary for life. He prosecuted an appeal to this court which resulted in the affirmance of the judgment. (See Wellington v. Commonwealth, 158 Ky., 161.)

Following the affirmance of the judgment of conviction by this court, appellant filed in the court below a petition seeking the vacation of the judgment and asking a new trial upon the ground…