State v. Timberlake

The opinion of the court was delivered by

Blanchard, J.

The accused was indicted for the murder of M. W. Baillio, a constable, convicted and the death sentence passed upon him. He appeals, and his case is presented in five bills of exception taken to the rulings of the court on the trial below.

I

On the day the prisoner was arraigned and pleaded to the indictment a motion was filed on his behalf for a change of venue, which came up for trial four days later and was overruled. Following the denial of the motion for change of venue, and-on the same day, the case was fixed for trial one week later.…