Gray v. Commonwealth

Upon an indictment charging her with the murder of Andrew Taylor, the appellant, Mrs. Mary Gray, was convicted of voluntary manslaughter and sentenced to 21 years in prison. We find that the judgment must be reversed because the court erred in refusing to grant her a continuance. The tragedy occurred on the morning of October 23, 1952, at appellant's home on the Middle Fork of Stinking Creek in Knox County. According to the appellant, she shot and killed her uncle, Andrew Taylor, while he was making an assault upon her and her small children. She was indicted on November 6, 1952, and upon arraignment pleaded not guilty and her trial was set for November 28, 1952. At that time the court directed that appellant be taken to the Pineville Hospital for treatment as she was ill.