Hensley v. Commonwealth

PALMORE, Justice.

This appeal is from an order denying a motion for new trial on the ground of newly discovered evidence. RCr 10.02, 10.06.

After two previous trials had culminated in hung juries the appellant on his third trial was convicted of involuntary manslaughter in the first degree and sentenced to five (5) years’ imprisonment. The conviction was affirmed on appeal to this court. See Hensley v. Commonwealth, Ky., 474 S.W.2d 888 (1971).

Billy Rowland Phillips was a vital witness against the appellant. He testified that the appellant was the only person shooting when the decedent was…