Gibson v. Commonwealth

CLAY, Commissioner.

The three appellants were convicted of rape and sentenced to life imprisonment. On appeal their only claim of error is that the trial court abused its discretion in denying a continuance.

The defendants were arraigned on November 16, 1966. At that time two competent lawyers were appointed to represent them and the case was then assigned for trial on November 22. On November 22, counsel filed a motion and affidavit for a continuance. This affidavit stated in substance that counsel had been engaged in trials of cases (in the same court) on November 16, 17, 18, 19 and 21; that…