83 S.W.2d 483 | Ky. Ct. App. | 1935
Affirming.
On March 29, 1933, Ned Tuggle was slain by Walter Shorter, for which Shorter was sentenced to life imprisonment. Upon appeal that judgment was reversed. See
"The counsel who was absent had some months before the trial been elected a representative in Congress, and at the time of trial was necessarily absent at the seat of government in his official capacity. Appellant had other counsel present, at the trial, whose reputation and standing as an attorney at law is of the best, and whose conduct of the defense shows every evidence of painstaking and competent attention. If continuance as a matter of right could be had on such grounds, it might be impossible to bring one charged with crime to trial at all."
Shorter was represented in the trial court and in this one by a man of vast learning and experience gained from years of practice, as well as a long service as a circuit judge, as a member of this court, and as Governor of this commonwealth. The defendant's present plight is not the result of any lack of skillful representation, but has resulted from lack of favorable evidence.
As to the evidence of his absent witnesses, we know not what that would be, for the defendant has not brought here his affidavit filed in support of this motion.
"What is reasonable time must of necessity be left almost entirely to the discretion of the trial court, and it is only when this discretion has been plainly abused that we will interfere."
We are unable to say the judge abused his discretion in this case. The student will find in 16 C. J. p. 888, see. 2224, a discussion of this question, and, under note 24, a list of cases involving the question, those where the limit was held reasonable being listed under subnote (a) on page 889, and on the same page under subnote (b) a list of cases where the time was held to be too short.
Judgment affirmed.