Dillard v. State
Mississippi Supreme Court
Error to the Circuit Court of Lee County. Hon. J. A. Green, Judge. James M. Dillard was indicted for the murder of John Helms. The accused applied' for a change of venue, on the ground that, “by reason of undue prejudice in the public mind” in the county where he was held for trial, he could not have a fair and impartial trial. The application was refused on the showing stated in the opinion of this court. The casé then proceeded to trial.
Read the full summary
Error to the Circuit Court of Lee County. Hon. J. A. Green, Judge. James M. Dillard was indicted for the murder of John Helms. The accused applied' for a change of venue, on the ground that, “by reason of undue prejudice in the public mind” in the county where he was held for trial, he could not have a fair and impartial trial. The application was refused on the showing stated in the opinion of this court. The casé then proceeded to trial. The defendant made objections to the time and manner of his arraignment, and to the action of the court in ordering a plea entered for him, and took…
1Opinion of the CourtChalmers, C. J.
■ There was no error in refusing the change of venue. Six affiants made oath for defendant that such prejudice existed in the county that an impartial trial could not be there had. Twentj'-four persons, by-standers in the court-room, from different portions of the county, testified that they knew of no such prejudice, and that in their opinion an impartial trial could be had in the county. This justified the action of the court. The special venire was drawn, the jury empanelled, the witnesses on both sides sworn and placed under the rule, and the first witness put on the stand and his…
2Cases cited6 opinions
- Commonwealth v. SturtivantMassachusetts Supreme Judicial Court · 1875
- Benton v. StateSupreme Court of Arkansas · 1875
- Hill v. Portland & Rochester RailroadSupreme Judicial Court of Maine · 1867
- Enright v. The S.F. & San Jose R.R.California Supreme Court · 1867
- Gavisk v. Pacific RailroadSupreme Court of Missouri · 1872
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Bell v. StateMississippi Supreme Court · 1998
- State v. WelchWest Virginia Supreme Court · 1892
- Miller v. StateCourt of Criminal Appeals of Oklahoma · 1913
- Mann v. StateSupreme Court of Florida · 1887
- Brown v. StateSupreme Court of Arkansas · 1892
8 more not listed; retrieve them via the Exa API.