Burgin v. Commonwealth

Reversing.

In seeking to reverse a judgment sentencing him to confinement in the penitentiary for two years for the crime of robbery, Y. K. (Bud) Burgin insists: 1. His motion for a directed verdict should have been sustained; 2. the court, in contravention of sec. 601 of the Civil Code of Practice, erroneously allowed a witness to testify who had remained in the court room all during the trial; 3. appellant was entitled to a new trial on the ground of newly discovered evidence. We have reached the conclusion that there is merit in the first ground and as the other two grounds will not likely…