State ex rel. Mabbitt v. Smith

Prosecution for bastardy, against the appellee. He was found guilty before a justice of the peace. In the circuit court he was found guilty, and a new trial granted to him. Upon a second trial in the circuit court, he was found not guilty. Before the last trial the relatrix filed the following affidavit for a change of venue:

“ Comes now Martha J. Mabbitt, the relatrix in this cause, and being duly sworn, on oath says, she can not have a fair and impartial trial of the above entitled cause, at this court, in Madison county, Indiana, on account of *386the facts that the defendant has an undue…