Hardesty v. Commonwealth
Court of Appeals of Kentucky
Case 83 —INDICTMENT— APPEAL PROM DAVIESS CIRCUIT COURT. 1. At the first term of the court at which an indictment is called for trial, the defendant is entitled to a continuance on malting affidavit of the absence of a material witness, unless the Commonwealth will admit the truth of statements to which it is stated the absent, witness will testify.
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Case 83 —INDICTMENT— APPEAL PROM DAVIESS CIRCUIT COURT. 1. At the first term of the court at which an indictment is called for trial, the defendant is entitled to a continuance on malting affidavit of the absence of a material witness, unless the Commonwealth will admit the truth of statements to which it is stated the absent, witness will testify. (Criminal Code, sec. 189; Civil Code, «tes. 315, 345, 190; Nichols v. Commonwealth, 11 Bush, 577.) 2. A person other than the defendant may make such affidavit. (State vBeckley, 4 Southwestern Rept., 24.) 3. If at any time during the trial it is…
1Opinion of the Court
JUDGE BENNETT
delivered the opiiuox of the court.
At the same term of the Daviess Circuit Court at which the appellant was indicted for the crime of murder he was tried and convicted of said charge. His only-defense was that of insanity. He made a motion for a continuance of his case, based upon the affidavit of John B. Hardesty, which disclosed the fact that the appellant, owing to his insanity, was not competent to make the affidavit; that he was entitled to the presence of a number of persons who were within the jurisdiction of the court, whom process had failed to bring before the court, to…
2Cited by4 opinions
- Breeden v. CommonwealthCourt of Appeals of Kentucky · 1912
- Toler v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1943
- Lawson v. CommonwealthCourt of Appeals of Kentucky · 1914
- Rhodes v. CommonwealthCourt of Appeals of Kentucky · 1913