Commonwealth v. Delero

Citations

• 218 Pa. 487
• 67 A. 764
• 1907 Pa. LEXIS 551

Syllabus

<p>Criminal law — Murder—Continuance—Discretion of court — New trial.</p> <p>The action of the court of oyer and terminer in refusing a continuance of a murder trial, where only fifteen days had elapsed from the date of the murder to the date of the trial, will not be reviewed, where it appears that no injustice resulted, and it also, appears the witnesses in the case were of a floating population, and that a speedy trial was necessary to insure their attendance.</p> <p>An application for a continuance on the ground of want of time for preparation by counsel and for obtaining witnesses in behalf of a defendant, is an appeal to the sound discretion of the court, and an appellate court will not review the exercise of such discretion except for gross abuse.</p> <p>In the absence of a rule of court or an act of assembly the court is not bound to follow a custom of continuing without cause a criminal case which has been returned within ten days of the beginning of the session.</p> <p>The discretion of the court below in refusing to grant a new trial in a murder case is not reviewable error.</p>