Robinson v. Commonwealth

Opinion of the Court by

Judge Clarke

Reversing.

The .appellant was indicted for the willful murder of William Blevins, tried.and convicted, and his. punishment fixed at three years’ confinement in the penitentiary.

His first complaint upon this appeal is that the court erred in refusing-him a continuance. at the indictment tema on account of absent witness, and in refusing.to admit, as true, his affidavit as to- the facts which the absent witness would prove. Section 189, Criminal Code, expressly provides that when, at the same term at which an indictment is found,, the ground of an application…