Foster v. State

PRENDERGAST, Presiding Judge.

Appellant was convicted for unlawfully pursuing and following the business and occupation of selling intoxicating liquors .in the prohibition county of Gregg.

The term of court at which appellant was tried adjourned December 18, 1915. He filed a motion for a change of venue, which was contested by the State. The court, after hearing evidence on it, overruled his motion. The statute (Vernon’s C. C. P., art. 634) is: “The order of the judge granting or refusing a change of venue shall not be revised upon app.eal, unless the facts upon which the same was based are…