State v. Tawney

The opinion of the court was delivered by

Johnston, C. J.:

This is an appeal from the second conviction of Bert Tawney for the larceny of two pigs. The first error assigned is based on the action of the court in denying an application for a change of venue. In his affidavit the appellant alleged that the district judge was prejudiced against him, and that it was evidenced by the manner, tone of voice and prejudicial *164comments of the judge in the former trial. Upon an objection to the reading of the affidavit the district judge said:

“I don’t care to hear the affidavit. Motions for a change of…