Davis v. Commonwealth

Opinion by

Judge Holt:

The appellant, Dr. Walker T. Davis, seeks by this appeal to reverse a life sentence to the penitentiary under a joint indictment against him and Lucretia Munday, charging them as co-conspirators with the murder of her husband, Lowry Munday, by morphine poisoning. His first complaint is that instead of a trial being ordered, a continuance should have been granted upon the affidavit, which he filed. It was asked because of the absence of five witnesses, and was refused upon the attorney for the commonwealth consenting upon the record, that the statement in the affidavit of…