Anderson v. Buchanan

Judge Sims

dissenting.

The majority opinion is so divergent from my conception of the law that I feel impelled to dissent.

As far back as 1914, this court refused to apply Sections 344 and 518 of the Civil Code of Practice to criminal cases. As expressed in Wellington v. Com., 159 Ky. 462, 167 S. W. 427, 428, “It is contemplated by the law that criminal cases are to be speedily disposed of, and therefore the procedure prescribed by the Criminal Code [referring to Sections 271-274 previously mentioned in the opinion] for obtaining a new trial is the only one known to the law.” Greer v. Com., 165…