Continuance Denied Where Lawyer Could Not Attend Due To a Family Emergency
In Smith v. Commonwealth, 155 Va. 1111, 156 S.E. 577 (1931), the Supreme Court held that the trial court erred by refusing to grant a continuance where the defendant's attorney could not attend due to a family emergency.
Noting that "this is not a case in which a man had employed two lawyers," the Supreme Court concluded that allowing substitute counsel "two or three days in which to familiarize himself with the situation and to prepare and present his evidence was not unreasonable." 155 Va. at 1116-1118, 156 S.E. at 579.