Davidson v. Commonwealth

STERNBERG, Justice.

The Letcher County Grand Jury indicted appellant for the murder of Gary Combs. KRS 435.010. On trial he was found guilty of willful murder and his penalty fixed at life imprisonment. The indictment against appellant and a codefendant, Butch Brock Thornsberry, is dated October 21,1974, and they were tried together on July 23 and 24, 1975. On the day the trial was scheduled to commence, counsel for appellant orally moved the court for a continuance, based on the absence of a material witness. His oral motion was reduced to writing. The prosecuting attorney objected to the…