Fleming v. Commonwealth

MONTGOMERY, Judge.

Appellant, Hersel Fleming, was convicted of assault and battery and his punishment fixed at a fine of $200 and ninety days in jail. From this judgment, he has filed a motion for appeal.

The only question involved is whether the trial court erred in refusing to grant a new trial upon appellant’s showing- that his - absence on the trial- day was due to illness.

Appellant was indicted on July 12, 1954, for an offense charged to have been committed on July 10, 1954. Following his arrest, by an order of the Letcher Circuit Court made July 21, 1954, the indictment was set for trial…