Divine v. Commonwealth

Opinion op the Court by

Judge Dietzman

Seversing.

'The appellant was convicted of the crime, of grand larceny and sentenced to serve five years in the penitentiary. He appeals.

Two grounds are assigned by the appellant for a reversal of that judgment. He says, first, that his motion for a peremptory instruction should have been sustained because the only evidence against him was that given by an accomplice, which, being uncorroborated, was insufficient to support his conviction (Criminal Code, sec. 241); secondly, that he was entitled to a new trial because of newly discovered evidence of vital…