Gilpin v. Wilhoit

178 S.W.2d 965, 297 Ky. 69, 1944 Ky. LEXIS 668

• Court: Court of Appeals of Kentucky (pre-1976)
• Decided: March 17, 1944
• Status: Published

Opinion

Opinion op the Court by

Stanley, Commissioner

Dismissing Appeal.

This is a sequel of Gilpin v. Commonwealth, 297 Ky. 67, 178 S. W. (2d) 964.

After it was too late to consider alleged newly discovered evidence as a ground for his motion for a new trial, the defendant in that case filed a petition in equity in the Greenup Circuit Court against the Commonwealth’s Attorney and the Attorney General, pray-ing that a writ of error coram nobis be granted him on that account. The court heard evidence as to the discovery and the testimony that would be offered upon another trial. The petition was dismissed and the writ denied. This is an appeal from that judgment.

Since the primary judgment has been reversed'for a new trial, this appeal has become moot and it is hereby dismissed.