Jacobs v. State
Supreme Court of Alabama
Appeal from Talladega City Court. Heard before Hon. Gl. K. Miller. The defendant was indicted for assault with intent to murder one Hubbard.
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Appeal from Talladega City Court. Heard before Hon. Gl. K. Miller. The defendant was indicted for assault with intent to murder one Hubbard. The defendant filed a motion for a change of venue on the following grounds; 1st. That the defendant- is a negro and a member of the negro race, and that the person alleged to have been assaulted is a young white man wlm has lived in the city of Talladega practically all of his life, a member of an influential family and has a great many relatives who are influential citizens in the city and county of Talladega. That the difficulty occurred on the night…
1Opinion of the CourtAnderson, J.
The motion for a change of venue was subject to the demurrer interposed. — Thompson v. State, 122 Ala. 12, 26 South. 141. The motion avers facts to show only a state of feeling against him in Talladega, and while it avers that the feeling is such, that he cannot get a fair trial in the county, this averment is a mere conclusion, so far as it. relates to all parts, of the county other than Talladega, beat. All things may have occurred as averred in Talladega, yet there are no facts set up to show that the public mind was inflamed against the defendant in other parts of the county. The record…
2Cases cited6 opinions
- Crawford v. StateSupreme Court of Alabama · 1895
- Gafford v. StateSupreme Court of Alabama · 1899
- Carwile v. StateSupreme Court of Alabama · 1905
- Thompson v. StateSupreme Court of Alabama · 1898
- Gulf City Shingle Manufacturing Co. v. BoylesSupreme Court of Alabama · 1900
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Haney v. StateAlabama Court of Appeals · 1924
- Wilder v. BushSupreme Court of Alabama · 1917
- Thomas v. StateAlabama Court of Appeals · 1915
- Hodges v. StateCourt of Criminal Appeals of Alabama · 1972
- Barnett v. StateAlabama Court of Appeals · 1917
6 more not listed; retrieve them via the Exa API.