Commonwealth v. Stote

The defendant, John Stote, was convicted of murder in the first degree. He appealed from the conviction to this court. During the pendency of this appeal, the defendant was granted leave by a single justice to file a motion for a new *20trial, which the defendant did, alleging the existence of newly discovered evidence sufficient to warrant a new trial. The trial judge denied this motion, and the defendant appealed. Both appeals are consolidated before this court. The defendant claims the trial judge erred in (1) denying a motion for a new trial where the Commonwealth failed timely to disclose…