Prater v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Lawrence. Tried before the Hon. H. C. Speake. The appellant was indicted, tried and convicted of arson, and sentenced to imprisonment in the penitentiary for ten, years. The defendant moved the court for a change of venue, the grounds of which are stated in the opinion. The State demurred to this motion, on the ground that the facts set out in the application were not sufficient to authorize a change of venue.
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Appeal from the Circuit Court of Lawrence. Tried before the Hon. H. C. Speake. The appellant was indicted, tried and convicted of arson, and sentenced to imprisonment in the penitentiary for ten, years. The defendant moved the court for a change of venue, the grounds of which are stated in the opinion. The State demurred to this motion, on the ground that the facts set out in the application were not sufficient to authorize a change of venue. This demurrer was sustained, and the defendant duly excepted. The defendant moved to quash the venire, on the same ground, and duly excepted to the…
1Opinion of the CourtMcCLFLLAN, J.
The appellant was convicted under an indictment charging him with burning the dwelling-house Of Howard Irwin, in which there was at the time a human being. The defendant moved for a change of venue and also to quash the special venire for his trial, on the ground that said Irwin was one of the jury commissioners of Lawrence county, and as such charged with the duty of drawing grand and petit jurors, &c. Leaving other considerations out.of view, it will suffice to say, in sustaining the trial court’s action in overruling these motions, that it does not appear from the averments of either of…
2Cases cited3 opinions
- Dupree v. StateSupreme Court of Alabama · 1859
- Martin's v. MartinSupreme Court of Alabama · 1854
- Sorrelle v. CraigSupreme Court of Alabama · 1846
3Cited by51 opinions
- Bluett v. StateSupreme Court of Alabama · 1907
- Daniels v. StateSupreme Court of Alabama · 1943
- Jones v. Americar, Inc.Supreme Court of Alabama · 1969
- Sanders v. ScarveySupreme Court of Alabama · 1969
- Jarvis v. StateSupreme Court of Alabama · 1902
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