Easterling v. Commonwealth

Opinion of the Court by

Judge Clay

Affirming.

Appellant was convicted of transporting intoxicating liquor, and asks a reversal on several grounds.

Though the indictment charged several offenses, the demurrer thereto1 was properly overruled when the Commonwealth elected to try appellant on the charge of transporting intoxicating liquor.

When the case was called for trial, it developed that Pat Caudill, whose name was endorsed on the indictment as one of the witnesses for the Commonwealth, was not present. Appellant then filed an affidavit for a continuance on account of Caudill’s absence, and…