Legal Opinion

Patton v. State

Supreme Court of Alabama

Decided April 26, 1945No. 2 Div. 208PublishedCited by 52 opinions

1Opinion of the Court

SIMPSON, Justice.

Defendant was convicted of murder in the first degree and from a sentence of death brings this appeal.

His principal insistence of error is the refusal of the trial court to grant his application for a change of venue. The burden is upon the defendant to show to the reasonable satisfaction of the court that an impartial trial and an unbiased verdict cannot reasonably be expected, in order to achieve the right to a change of venue. Godau v. State, 179 Ala. 27, 60 So. 908. The mere belief of the defendant or of his witnesses that he cannot receive such a trial is not enough. Lee…

2Cases cited11 opinions

  1. Anderson v. StateSupreme Court of Alabama · 1922
  2. Godau v. StateSupreme Court of Alabama · 1913
  3. McClain v. StateSupreme Court of Alabama · 1913
  4. Powell v. StateSupreme Court of Alabama · 1932
  5. Lee v. StateSupreme Court of Alabama · 1944

6 more not listed; retrieve them via the Exa API.

3Cited by52 opinions

  1. Burton v. StateCourt of Criminal Appeals of Alabama · 1993
  2. Sprinkle v. StateCourt of Criminal Appeals of Alabama · 1978
  3. Melson v. StateCourt of Criminal Appeals of Alabama · 1999
  4. Maund v. StateSupreme Court of Alabama · 1950
  5. Wilson v. StateCourt of Criminal Appeals of Alabama · 1999

47 more not listed; retrieve them via the Exa API.

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