McClain v. State
Supreme Court of Alabama
Appeal from St. Clair Circuit Court. Heard before Hon. James E. Blackwood. Bud McClain ivas convicted of murder and be appeals. Defendant was jointly indicted with Cleve and Will Campbell for tbe murder of Marcella Lutes, an aged woman, living with her husband, Jacob C. Lutes, at their home in St. Clair county, very near the border of Etowah county, adjoining.
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Appeal from St. Clair Circuit Court. Heard before Hon. James E. Blackwood. Bud McClain ivas convicted of murder and be appeals. Defendant was jointly indicted with Cleve and Will Campbell for tbe murder of Marcella Lutes, an aged woman, living with her husband, Jacob C. Lutes, at their home in St. Clair county, very near the border of Etowah county, adjoining. There was a severance by the defendants, and each was successively tried and found guilty as charged, and sentenced to life imprisonment. Before he was put upon trial defendant, on May 2, 1913, filed a petition for a change of venue…
1Opinion of the CourtSomerville, J.
Upon a very careful consideration of the question, we are not reasonably satisfied that defendant could not obtain a fair and impartial jury and a fair and impartial trial in St. Clair county.
The facts shown by the defendant’s affidavit, as dis*77tinguished from mere conclusions, are (1) great popular excitement and wrath over the commission of the crime; (2) extraordinary interest in the preliminary trial, as manifested by the attendance of 1,500 or 2,000 people; (3) prejudicial assertions of defendant’s guilt in several newspapers in general circulation in the county; and (4) fixed opinions as…
2Cases cited8 opinions
- Hawes v. StateSupreme Court of Alabama · 1889
- Godau v. StateSupreme Court of Alabama · 1913
- Prater v. StateSupreme Court of Alabama · 1894
- Mayberry v. StateSupreme Court of Alabama · 1894
- Seams v. StateSupreme Court of Alabama · 1887
3 more not listed; retrieve them via the Exa API.
3Cited by45 opinions
- Ex parte DavisSupreme Court of Alabama · 1913
- Mathis v. StateSupreme Court of Alabama · 1966
- Patton v. StateSupreme Court of Alabama · 1945
- Ex Parte FowlerSupreme Court of Alabama · 1990
- People v. FosterCalifornia Supreme Court · 1926
40 more not listed; retrieve them via the Exa API.