Tolliver v. Commonwealth

OPINION OF THE COURT BY

CHIEF JUSTICE HoBSON-

Reversing.

O. W. Tolliver was indicted in the Carter Circuit Court charged with the murder of Lafe Fraley, and having been tried before a jury, was found guilty and his punishment was fixed at confinement in the penitentiary for life. The court refused a new trial and he appeals.

The case was tried at the term at which the indictment was found. The defendant filed an affidavit for continuance. The Commonwealth Attorney agreeing that the affidavit might be read as the deposition of certain absent witnesses, the court overruled the motion for…