Boyd v. Commonwealth

DAVIS, Commissioner.

Johnny Boyd was convicted of storehouse breaking and sentenced to imprisonment for one year. KRS 433.190. His appeal is based on the ground that the trial court erred in denying his motion for new trial based upon newly discovered evidence.

Shortly after 1:00 a. m. on June IS, 1964, a Morgantown police officer observed a suspicious circumstance at a concession stand. When the officer drove his police cruiser so that its lights played on the door of the stand he saw two young men hastily come from the shed. The officer testified that he recognized the two youths as Johnny…