Commonwealth v. Austin

Opinion by

Cercone, J.,

Appellant was convicted on two charges of automobile larceny and one charge of conspiracy. Prior to his trial of February 15, 1972, he ashed for a one-week continuance to enable him to locate and subpoena a missing alibi witness. The court refused to allow a one-week continuance upon consideration of the heavy schedule of cases for the following week and of the fact that defendant could not give any assurance that his witness, whose whereabouts had been unknown prior to the beginning of the February Term of Criminal Court, would appear that week. However, the court was…