Chapman v. Commonwealth

*663Opinion op the Court by

Judge Clay

Affirming.

Appellant, who lived about twenty-five miles from Pikeville, was indicted for a violation of the prohibition law. His ease was called for trial on the fourth day of the September term, 1923, but was continued and set for trial on the second day of the February term, 1924. He was tried in his absence and found guilty. On the next day he came to Pikeville, and learning of his conviction, moved for a new trial. In support of his motion he filed an affidavit to the effect that the deputy sheriff, who was out in his neighborhood summoning witnesses for…