Case (cite)
Kelly v. Commonwealth, 86 S.W.2d 695 (Ct. App. Ky. 1935)
“The verdict depended principally upon whether the jury should believe the defendant’s or Sizemore’s testimony. So it became extremely important as to which of these two weapons had been used in firing the bullet which killed Lewis. We need not determine whether it was error to admit in evidence a pistol identified only as being similar to the Sizemore pistol, which could and should have been produced on the trial, but when it was shown on the motion for a new trial that the Sizemore pistol was different in a material respect and was capable of shooting a bullet of the character and size which killed Lewis, the new evidence was of sufficient *697 importance to require the trial court to grant the defendant another trial. In the light of the modern science of ballistics, it is probable that it could have been demonstrated almost to a certainty which of these weapons had been used. See Evans v. Commonwealth, 230 Ky. 411, 19 S. W. (2d) 1091, 66 A. L. R. 360.”