State v. Russell

*266By the Court,

Sanders, J.:

The defendant, Thomas Russell, a Mexican, was accused by information of the murder of one Mamie Johnny, an Indian woman, with a knife, on the 15th day of September, 1922, at Elko, in the county of Elko.

The defendant prosecutes this appeal from a conviction of murder in the first' degree, with the death penalty assessed.

When the case was called for trial the defendant made application for a change of venue, on the ground that he could not obtain a fair and impartial trial in Elko County. The application was refused, but the defendant did not except to the order of…