Commonwealth v. Trinkle

Opinion by

Mr. Justice Kephart,

The judge in the court below continued the hearing of a homicide case then on trial from the courthouse to a house or building in the county seat to take the testimony of a material witness too ill to appear in court to testify, and whose removal from the house would in all probability have resulted in death. It was not known, when the case was called for trial, that the witness was *566unable to be present; she had been subpoenaed and, when called to testify, did not respond. The district attorney then ascertained her physical condition, but the jury had been…