Mitchell v. Commonwealth

Affirming.

Berry Mitchell and Paul Baumgardner were jointly tried upon an indictment charging them with robbery. Both were convicted and Mitchell’s punishment was fixed at confinement in the penitentiary for five years, while Baumgardner was given two years. They urge two grounds for reversal of the judgment; 1. The court erred in refusing to hear oral testimony on their application for a change of venue; 2. the verdict is not supported by the evidence and is the result of passion and prejudice.

Unfortunately for appellants, no reference is made in the motion for a new trial to the court’s…