Day v. Commonwealth

Opinion op the Court by

Judge Thomas

Affirming.

Appellant, Roscoe Day, was tried and convicted in the Leslie Circuit Court under the charge of wilfully and feloniously shooting into the residence of Henry Engel. His defense, was not guilty, and an attempt to prove an alibi, but the jury disregarded the testimony of himself and his witnesses and returned a verdict of guilty with a fixed punishment of confinement in the penitentiary for two years.

Appellant’s motion for a new trial — which was overruled — relied chiefly on (1) alleged error of the court in overruling his motion for continuance…