State v. Lack

From the conviction in this case the defendant sued out his writ of error, and the judgment will have to be reversed on account of the ruling of the court in denying the application for a change of venue.

*502Upon proper notice being given to tlie prosecuting attorney, the defendant presented his petition for a change, assigning as a reason therefor, that the judge was prejudiced against him, so that he could not have a fair and impartial trial. This petition was verified by the affidavit of defendant, and in.addition he offered to support it by the affidavits' of two witnesses, who, it seems,…