Hopkins v. Commonwealth

Opinion of the Court by

Judge Dietzman

Affirming.

Appellant was convicted of the crime of arson and sentenced to serve five years in the penitentiary.

He now insists that the trial court erred in refusing to grant him a new trial because of newly discovered evidence. To properly discuss his contention we must first give a brief resume of the facts as developed on the trial of this case. The commonwealth proved by Bill McKinney that he and the appellant were walking down a road in Pike county just after dark when they came to a dwelling house owned by Bascomb Porter. No one was in the house at the…