Hoskins v. Commonwealth

Opinion op the Court by

Commissioner Hobson—

Reversing.

George Hoskins was indicted in the Harlan circuit court for the crime of rape upon Rebecca Gaines. On the trial of the case'he was found guilty and his punishment fixed at twenty years ’ imprisonment. He appeals.

The indictment was returned on November 24, 1925. On December 1, the case was set for hearing on December 8. ¡On that day the defendant entered a motion and filed his affidavit for continuance. The court heard the evidence orally on the question of diligence. The defendant showed, by his attorney, that on ihe day the case was set…