Murphy v. Commonwealth

Opinion op the Court by

Hobson, Commissioner

Reversing.

John Murphy was indicted in the Grant circuit court for manslaughter. On the first trial of the case, the jury did not agree. On the second trial, he was found guilty and his punishment fixed at two years’ imprisonment. He appeals.

• The first ground relied on for reversal'is that the court erred in refusing the defendant a change of venue, but the order of the court shows that the evidence on this subject was heard in open court; the evidence so heard is not in the transcript, and it must be presumed that the evidence supports the judgment…