Cheatham v. State
Mississippi Supreme Court
From the circuit court of Grenada county. Hon. C. H. Campbell, Judge. The facts sufficiently appear in the opinion. 1. It was error to refuse the application for a change of venue. The affidavit of the defendant, supported by the oath of three credible witnesses, made a prima fade case, and to support this several witnesses were introduced and testified in the most unequivocal manner that a fair and impartial trial could not be had.
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From the circuit court of Grenada county. Hon. C. H. Campbell, Judge. The facts sufficiently appear in the opinion. 1. It was error to refuse the application for a change of venue. The affidavit of the defendant, supported by the oath of three credible witnesses, made a prima fade case, and to support this several witnesses were introduced and testified in the most unequivocal manner that a fair and impartial trial could not be had. Eleven witnesses thus testified, while ten swore that a fair trial could be had, in their opinion. The defendant was entitled at every stage of the case to the…
1Opinion of the CourtCooper, J.
Appellant has been convicted of the murder of one Tillman and sentenced to capital punishment. We dispose of the errors assigned in their order.
The first assignment of error is upon the action of the court in refusing a change of venue, and upon this it is sufficient to say that no abuse of judicial discretion appears to have been committed. Upon the motion for the change of venue a number of witnesses were examined, the majority testifying that in their opinion a fair and impartial trial could not be secured in the county. But a *339number of them declared that no reason existed known to them…
2Cases cited1 opinion
- State v. JonesSupreme Court of Missouri · 1877
3Cited by24 opinions
- Diggs v. United StatesCourt of Appeals for the Ninth Circuit · 1915
- Pine v. United StatesCourt of Appeals for the Fifth Circuit · 1943
- Dedeaux v. StateMississippi Supreme Court · 1921
- Hemingway v. StateMississippi Supreme Court · 1890
- Hussey v. StateMississippi Supreme Court · 1985
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