State v. M'Lendon
Supreme Court of Alabama
At the November term, 1826, of the Circuit Court of Washington county, the grand jury found an indictment against Hiram McLendon, for murder, to which he plead not guilty. On the day appointed for his trial, the record states that, “on motion of the prisoner’s counsel, it is ordered that the venue of the trial be changed to the county of Clarke.”
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At the November term, 1826, of the Circuit Court of Washington county, the grand jury found an indictment against Hiram McLendon, for murder, to which he plead not guilty. On the day appointed for his trial, the record states that, “on motion of the prisoner’s counsel, it is ordered that the venue of the trial be changed to the county of Clarke.” The record shews the presence of the presiding Judge on the preceding day, but does not set out the meeting of the Court or name of the presiding Judge on the day when the above order was made, or the cause shewn for the change of venue. In the…
1Opinion of the Court
JUDGE SAFFOLD
delivered the opinion of the Court.
As to the reasons in arrest of judgement, the record shews who was the presiding Judge at the term when the order for change of venue was made, and on the day before the order was made, and that the prisoner submitted to the decision of the Court as organized. The statute a gives power to the Court to change the venue, on good and sufficient cause set forth and supported by oath or affirmation. The venue cannot be changed unless at the instance of the accused, and his assent must appear on the record. The record states that the order for the…
2Cited by7 opinions
- Foster v. StateSupreme Court of Alabama · 1864
- Parsons v. StateSupreme Court of Alabama · 1853
- Phillips v. StateSupreme Court of Alabama · 1881
- Ex Parte LancasterSupreme Court of Alabama · 1921
- Haisten v. StateAlabama Court of Appeals · 1912
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