Payne v. State

ANDERSON, O. J.

The trial court cannot be reversed for refusing to grant a change of venue. The bill of exceptions contains no evidence in support of the motion for a change. Tr.ue, the motion had attached, as exhibits, purported copies of certain newspaper comments on the crime with which the defendant is charged, but if these could be looked to as evidence, the same not appearing in the bill of exceptions, there was no proof offered to show the state of the public mind or that the defendant could not get a fair and impartial trial in Escambia county. Malloy v. State, 209 Ala. 219, 96 So. 57.

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