Williams v. State
Supreme Court of Arkansas
Appeal from Pope Circuit Court; Hugh Basham, Judge; 1. When the defendant in a criminal case complies with the statutes governing changes of venue, he makes out a prima facie showing entitling him to a change of venue, and the State’s only defense to such motion is to attack the credibility of the supporting witnesses.
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Appeal from Pope Circuit Court; Hugh Basham, Judge; 1. When the defendant in a criminal case complies with the statutes governing changes of venue, he makes out a prima facie showing entitling him to a change of venue, and the State’s only defense to such motion is to attack the credibility of the supporting witnesses. It is not open to the court to examine other witnesses touching the conditions of the minds of the inhabitants of the county relative to the defendant’s guilt or innocence, nor to arbitrarily refuse the change of venue because it believes the defendant can obtain a fair and…
1Opinion of the CourtHart, J.
Albert Williams was indicted, tried and convicted before a jury of the crime of carnally knowing Lena Linker, a female under the age of sixteen years. To reverse the judgment of conviction, he has duly prosecuted an appeal to this court.
1. His first assignment of error is that the court erred in overruling his motion for a change of venue. His petition was in statutory form, and was supported by the affidavits of C. K. Campbell, J. D. Waits and G. P. Wheeler. To ascertain whether or not they were credible persons within the meaning of the statute, the court caused J. D. Waits and G. P.…
2Cases cited14 opinions
- Thayer v. ThayerMassachusetts Supreme Judicial Court · 1869
- Blankenship v. StateSupreme Court of Arkansas · 1891
- People v. ElcoMichigan Supreme Court · 1902
- State v. WithamSupreme Judicial Court of Maine · 1881
- Rayburn v. StateSupreme Court of Arkansas · 1901
9 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- White v. StateSupreme Court of Arkansas · 1986
- Free v. StateSupreme Court of Arkansas · 1987
- Greenlee v. StateSupreme Court of Arkansas · 1994
- Clark v. StateSupreme Court of Arkansas · 1996
- Berger v. StateSupreme Court of Arkansas · 2001
16 more not listed; retrieve them via the Exa API.