GRAY v. COM.

Record No. 1853-91-2.

431 S.E.2d 86 (1993)

Charmeen GRAY v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia.

June 15, 1993.


Attorney(s) appearing for the Case

James F. Kelley, for appellant.

Margaret Ann B. Walker, Asst. Atty. Gen. (Mary Sue Terry, Atty. Gen., on brief), for appellee.

Present: MOON, C.J., BENTON, J., and COLE, J. (Ret.).


MARVIN F. COLE, Judge.

Charmeen Gray was convicted of malicious wounding and sentenced to fifteen years imprisonment. At his trial, Gray moved for a continuance because two material out-of-state witnesses, who had been subpoenaed in New York, were not present. The trial judge denied the continuance and Gray appeals. On appeal, Gray contends that the trial judge abused his discretion by denying Gray's motion for a continuance. We reverse, finding that where, as here...

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