Carwile v. Commonwealth

LESTER, Judge.

This is an appeal from an order denying appellant’s motion for a new trial upon the basis of newly discovered evidence. The appellant is serving a life sentence for a conviction of murder. The facts being somewhat complicated, we find it unnecessary to restate them in full within this opinion.

However, appellant’s argument, both in the court below and on appeal, is that he now has available an eyewitness to the crime who will testify favorably for Car-wile. Appellant maintains that the court erred in refusing to grant a new trial based upon the affidavit of appellant’s brother *470whi…