Fannin v. Commonwealth

Opinion of the Court by

Judge Moorman

Affirming.

Appellant was charged in the Perry circuit court with the murder of Sam G-ayheart, and on the trial was convicted of manslaughter and sentenced to serve ten years in the penitentiary.

The first ground urged for a reversal of the judgment is that the trial court erred in refusing to grant appellant a continuance because of absent witnesses. In support •of the motion for a continuance appellant filed his affidavit showing what the absent witnesses would state. The court overruled the motion but permitted appellant to'read the affidavit as the…