Ledford v. Commonwealth

CAMMACK, Chief Justice.

Dam -Ledford Was sentenced to five years in prison on a charge of storehouse breaking. We are asked to reverse the judgment on the grounds that (1) the trial judge made a prejudicial statement about the affidavit as to the testimony of three witnesses which was read to prevent a continuance of the case; and (2) it was improper for the Commonwealth’s Attorney to comment on the failure of a codefend-ant to testify.

At the conclusion of the reading of the affidavit the trial judge told the jury: “Gentlemen of the jury, the evidence read here is what is supposed to be the…