James v. Commonwealth

Opinion op the Court by

Judge Tilford

Affirming.

The appellant was convicted of maliciously shooting at, without wounding, Hank Justice, and sentenced to serve two .years in the penitentiary. The ground urged by appellant’s counsel for a reversal is that appellant did not have a fair and impartial trial, because of the refusal of the Trial Court to grant him a continuance or to permit him to read to the jury his affidavit as to what his absent witnesses would testify, if present, and because the Court made remarks prejudicial to the appellant in the presence of the jury.

The appellant was…