Morris v. Commonwealth

Opinion of the Court by

Creal, Commissioner

Affirming.

Under an indictment returned by the grand jury of Breathitt county charging Mm with the willful murder of Marvin Bunn, Mitchell Morris has been convicted of manslaughter and sentenced to imprisonment for fifteen years. By this appeal he is. seeking reversal of the judgment on two grounds: (1) That the court erred in not granting him a continuance because of absence of employed counsel, and (2) because of error in not properly instructing the jury.

The evidence shows that on the evening of May 30, 1936, Marvin Dunn, Lee Biley, Grus Watkins,…