Brown v. Commonwealth

Opinion by

Judge Lewis:

The first ground relied on for reversal in this case is the action of the lower court in overruling the motion of the defendant for a continuance, on account of the absence of W. R. Kinney, one of his counsel, and of George Rice, a witness. We are not prepared to say that the absence of an attorney employed and relied on by the defendant in a criminal prosecution would in no case be a sufficient reason for a continuance. But as the court is unable to coerce the attendance of an unwilling attorney in such case, there should be some assurance that he would be present at…