Smith v. Commonwealth

Opinion of the Court by

Judge Lassing

Affirming.

James Smith was indicted, tried, and convicted, in the Bell circuit’court, for uttering a forged check. He seeks a reversal here upon two grounds: First, because of error of the trial court in refusing to permit an affidavit to be read as the deposition of an absent witness; and second, because the evidence does not support the verdict.

When the case was called for trial, appellant filed his own affidavit stating that Vic. Dillard and Tom Smith were important and necessary witnesses in the presentation of his defense, and that they were absent…