Jones v. Commonwealth

Opinion op the Court by

Judge Lassing

Reversing.

Ancil Jones was indicted and tried, at the February, 1913, term of the Whitley Circuit Court, on the charge of assault with intent to have carnal knowledge of Ella Francis. He was found guilty and given an indeterminate sentence of from two to seven years in the penitentiary. To reverse that judgment, he prosecutes this appeal.

While several grounds are set up in the motion for a new trial, but two are relied upon for reversal here. Error of the court in refusing to grant him a continuance, and error in excluding evidence.

The prosecuting witness,…