Flanary v. Commonwealth

_ An indictment, charging Jeff Flanary, Wilmer Whited and John W. Sturgill with murder of one Pete Hamilton, was returned March' 27, 1937. The parties demanded a severance, and, on motion of the Commonwealth, the case was-continued against each, accused. When the case against Flanary was called for trial on April 5, 1939, he filed a plea in bar and moved to dismiss on the ground that three regular terms of the. circuit court had passed without trial since the indictment was returned, that the continuances were not made on his motion, and that they- were not based on any of the exceptions set…