Stone v. Commonwealth

STEINFELD, Judge.

Appellant, James Oliver Stone, was indicted by the Henderson County Grand Jury for having feloniously taken a payroll check from the Henderson City Garage. KRS 433.180. He was tried, found guilty and sentenced to two years in the penitentiary. He unsuccessfully moved for a new trial solely on the basis of the discovery of evidence which he contends could not have been discovered with reasonable diligence prior to the trial. On his appeal he asserts only that ground, but we reverse for a different reason.

Stone was an employee of the Henderson City Garage at the time a $131.04…