Mercer v. Commonwealth

Opinion of the Court by

Judge Ratliff

Affirming.

The appellant, Stanley Mercer, and Neal Bowman were jointly indicted by the grand jury of Jessamine •county for the murder of George Kaufman. Separate trials were awarded, and the commonwealth elected to ■first try Mercer. He was convicted and his punishment fixed at death. Motion and grounds for a new trial were duly filed and overruled. He appeals. His alleged grounds for a new trial are as follows:

“One: Upon the ground that the defendant has discovered new, important and material evidence in his favor after the final submission of the case to…