Weaver v. State

Benham, Judge.

This appeal is from appellant’s conviction of mutiny in a penal institution.

1. Prior to trial appellant submitted and argued a motion for change of venue. The motion was based on pre-trial publicity and on the fact that an investigation of the prison in which appellant was incarcerated was then in progress. Although defense counsel referred to newspaper articles and the investigation in his argument, no evidence was tendered in support of the motion. The trial judge reserved his ruling until after voir dire and then denied the motion. That denial is enumerated as error.

All the…