Zimmerman v. Commonwealth

Leslie Zimmerman was convicted of second degree murder, and sentenced to confinement in the penitentiary for five years.

He assigns two errors. One is based on the allegation that he was not present during part of the trial, and the other is based on the refusal of the trial court to set aside the verdict and grant him a new trial on the ground of after-discovered evidence.

*580 It appears that near the close of the trial the judge and the attorneys representing the Commonwealth and the accused retired to the judge’s chambers for the purpose of considering instructions. When these had been duly…