Commonwealth v. Littrell

JAMES S. CHENAULT, Special Justice.

Wilbur Hite Littrell was indicted, tried and convicted in the Jefferson Circuit Court for the offense of First-Degree Robbery. During the period between the jury’s verdict and formal sentencing the defendant filed a motion for a new trial based upon newly discovered evidence. The trial judge granted the motion, set aside the jury’s verdict, disqualified himself from further participation in the matter and the case was then assigned to another division of the Jefferson Circuit Court for trial.

The Commonwealth appealed from the order granting the new trial…