Todd v. Commonwealth

*380OPINION OP THE CoiIRT BY

JtTDGE CLARKE

Reversing.

Appellants were convicted of stealing chickens of the value of more than $2.00, and their punishment fixed at confinement in the penitentiary for four years.

It is first insisted for reversal that the court erred in refusing a new trial on the ground of newly discovered evidence, but there is no merit in this contention for the simple reason that there was absolutely no showing whatever of any diligence upon the part of the defendants with reference thereto. Neither of them even so much as made an affidavit alleging that they did not know of this…