Gray v. Commonwealth

Opinion

COLE, J. *

Charmeen Gray was convicted of malicious wounding and sentenced to fifteen years imprisonment. At his trial, Gray moved for a continuance because two material out-of-state witnesses, who had been subpoenaed in New York, were not present. The trial judge denied the continuance and Gray appeals. On appeal, Gray contends that the trial judge abused his discretion by denying Gray’s motion for, a continuance. We reverse, finding that where, as here, Gray did all that was possible to secure material out-of-state witnesses, thereby exercising due diligence, the trial judge abused…