White v. Commonwealth
Court of Appeals of Kentucky
Case 91 — INDICTMENT APPEAL PROM PAYETTE CIRCUIT COURT. 1. The court erred in refusing a continuance to appellant. The fact that the witness is a non-resident does not change the rule nor the propriety of continuing the case. (Arch, on Crim. Prac.'and Plead.,. 5G8; Whart. on Crim. Law, vol. 3, sec. 3021; Morgan v. The Commonwealth, 14 Bush, 111.) 2. Appellant was entitled to stand on his bail and be free to attend to his case.
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Case 91 — INDICTMENT APPEAL PROM PAYETTE CIRCUIT COURT. 1. The court erred in refusing a continuance to appellant. The fact that the witness is a non-resident does not change the rule nor the propriety of continuing the case. (Arch, on Crim. Prac.'and Plead.,. 5G8; Whart. on Crim. Law, vol. 3, sec. 3021; Morgan v. The Commonwealth, 14 Bush, 111.) 2. Appellant was entitled to stand on his bail and be free to attend to his case. Sections 189 and 229, Criminal Code, should he so construed as to harmonize. (10 B. Mon., 407; 10 Bush, 16; 5 Mon., 157; 12 Bush, 235.) 3. The proof admitted by the…
1Opinion of the Court
JUDGE HINES
delivered tiie opinion of the court.
Appellant was indicted on the charge of stealing certain municipal bonds of the city of Cincinnati, in the State of Ohio, tried, convicted, and sentenced to the penitentiary for two years.
Counsel for appellant complain, first, that the court erred in refusing a continuance on account of the absence of one Straus, a resident and citizen of Cincinnati, Ohio. The affidavit for continuance shows that Straus was in the habit of visiting Lexington, Kentucky, the place where the trial was pending; that he had been, served with subpoena, and that he had…
2Cited by16 opinions
- Shell v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1932
- Davenport v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1941
- Mitchell v. StateAlabama Court of Appeals · 1916
- Hill v. CommonwealthCourt of Appeals of Kentucky · 1921
- Combs v. CommonwealthCourt of Appeals of Kentucky · 1914
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