Cole v. Commonwealth

Opinion op the Court by

Hobson, Commissioner

Affirming.

Tivis Cole and Willie Cole were indicted in the Pike circuit court for grand larceny. On the trial of the case they were found guilty and their punishment fixed at two years’ imprisonment. They appeal.

The first ground relied on for reversal is that the court improperly overruled the defendants’ motion for a continuance. The indictment was returned on March 3, 1931. At the June term of the court the case was continued. It came on for trial on October 15, 1931. The defendants then filed an affidavit for a continuance, stating that on October…