Tussey v. Commonwealth

MILLIKEN, Judge.

This is an anomalous action by Leslie W. Tussey for himself which we will treat, as the Commonwealth did, as an appeal of Tussey’s conviction for homicide. He was sentenced to fifteen years in the penitentiary.

Tussey complains that the trial court abused its discretion in failing to grant him a continuance. The record discloses that Tussey was indicted on January 12, 1965, six days later was supplied with the names of twelve witnesses who would testify against him on behalf of the Commonwealth, and the case was set for trial on February 4, 1965. On that date both the…