Mullins v. Commonwealth

STEWART, Justice.

Arthur Mullins, convicted of operating a motor vehicle upon a public highway while intoxicated, was fined $100. He has moved for an appeal, urging as a ground for reversal that the lower court abused its discretion when it refused to permit him to make defense under the circumstances we shall describe.

The evidence on the issue raised is set forth in affidavits filed in support of the motion and grounds for a new trial and they disclose these facts: On the day appellant’s case was set for trial, he and his attorney were present in the courtroom. There were sixteen cases on the…