State Ex Rel. Gannon Etc. v. Porter Cir. Ct.

Dissenting Opinion

Bobbitt, J.

I dissent from the majority opinion for the following reasons:

1. The motion for a change of venue in State ex rel. Fox, etc. v. LaPorte Cir. Ct. et al. (1956), 236 Ind. 69, 71, 138 N. E. 2d 875, alleged that the defendant could not have a fair trial “on account of bias and local prejudice” of the citizens of the county. These were the statutory grounds for a change of venue from the county in a criminal case. Acts 1927, ch. 132, §10, p. 411, being §9-1301, Burns’ 1956 Replacement.

In my opinion the facts alleged in the motion for a change of venue from the county…