Commonwealth v. Small, E., Aplt.

SAYLOR, C.J., BAER, TODD, DONOHUE, DOUGHERTY, WECHT, MUNDY, JJ.

OPINION

JUSTICE DOUGHERTY

In this discretionary appeal, we consider the meaning of "merely corroborative or cumulative evidence" in the context of determining whether a new trial is warranted based on after-discovered evidence.

I. Background

In the early morning hours of March 7, 2011, William Price was killed after he suffered a contact gunshot to the left side of his head while he was outside Club Egypt, a nightclub in Harrisburg, Pennsylvania. No one saw the shooting, but a number of witnesses saw Eric Small ("appellant") walking…