A. Facts of case
On July 20, 1958, Silas Manning and Willie Barker beat an elderly couple to death with an iron weapon. Both were indicted and appointed counsel in September 1958. The Commonwealth knew that they had a better case on Manning and needed him to testify against Barker in order to convict him. After six trials Manning was convicted in 1962 of both murders. During these trials, Barkers case had been continued each term. His case was continued a total of 16 times. Barker did not contest any continuance until the 12th one, for which he filed a motion to dismiss, but did not specify on what grounds. It was denied. He contested again when the final trial date was set in October 1963, on
