Varney v. Commonwealth

Opinion op the Court by

Judge Clarke

Reversing.

Appellant was charged by indictment with a violation of the prohibition law. The case was set for trial on a certain date, and called and tried in his absence, between eight and nine o’clock that morning.

He lives 38 miles from the court house, and started in an automobile at 5:30 that morning to he present when his case was called, hut owing to motor troubles, did not arrive until about nine a. m., and just after the trial of his case had been concluded. He at once moved for a new trial, which the court denied.

In support of the motion he filed his…