Boyd v. Commonwealth

I cannot agree with the majority opinion because the appellant failed to show an exercise of proper diligence in obtaining the testimony of Roger Hansbrough, and I think the trial judge exercised a proper discretion in denying the motion for a new trial.

The facts, as stated in the majority opinion, show an utter lack of diligence on the part of appellant. He had more than three months’ notice of the trial date. He did not avail himself of the use of a subpoena to secure Hansbrough’s presence at the trial. He made no motion for a continuance before trial because of the absence of Hans-brough.…