Commonwealth v. Smith

Opinion of the Court by

Judge O’Rear

Affirming.

Harvey Smith was indicted by the grand jury of Rockcastle county in 1903, charged with murder. Not being in custody a bench warrant was issued for him. The sheriff being nnable to find the defendant endorsed and returned the bench warrant accordingly. The case was therefore continued upon the docket, and an alias bench warrant ordered, with like resnl-t. The cause was again continued, and plnries bench warrant issued, with the same result. The court then entered this order, at the September term, 1903:

“The defendant’s whereabouts being unknown, and…