Smith v. Commonwealth

Opinion of the Court by

Cpiief Justice Barker

Affirming .

The appellant, William Smith, was indicted by the grand jury of Breathitt county, charged with the offense *569of false swearing. A trial before a jury resulted in his being found guilty as charged in the indictment, and his punishment fixed at confinement in the penitentiary for a term of two years. To reverse this judgment he presses upon our attention three errors.

The first is that the court erred in refusing him a continuance upon the calling of his case for trial, because of the absence of witnesses whose testimony was essential to his…