Rex v. State

Appellant Rex was tried by jury and convicted of possessing and delivering a controlled substance. The jury assessed his penalty at imprisonment for ten years. After presentence investigation, the court sentenced Rex accordingly and ordered that the sentence be executed. .

The first contention on appeal is that the court erred in not granting a requested change of venue from the county. Although the request was admittedly made more than ten days after Rex entered his plea of not guilty, Rex asserts that his request falls within the proviso of Indiana Rules of Procedure, Criminal, Rule 12,…