Rains v. State
Supreme Court of Alabama
From the Circuit Court of Morgan. Tried before the Hon. John Moore. The defendant in this case, Robert J. Rains, was indicted for the murder of his brother, Bone Rains, by cutting him with a knife; was convicted of murder in the first degree, and sentenced to be hanged. Before going to trial, the defendant submitted an application for a change of venue, on the ground that he could not get a fair and impartial trial in the county.
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From the Circuit Court of Morgan. Tried before the Hon. John Moore. The defendant in this case, Robert J. Rains, was indicted for the murder of his brother, Bone Rains, by cutting him with a knife; was convicted of murder in the first degree, and sentenced to be hanged. Before going to trial, the defendant submitted an application for a change of venue, on the ground that he could not get a fair and impartial trial in the county. In his application he stated that, when he was arrested at Moulton, Lawrence county, and his arrest became known, a mob was formed to take him from the custody of…
1Opinion of the CourtStone, C. J.
After the able and exhaustive discussion of the question of change of venue called forth by the recent case of Hawes v. State, at the present term, it would seem to be unnecessary to repeat or reconsider what was then decided. The present application was supported by testimony much less convincing than was given in that case. In fact, taking all the testimony purporting to have been offered by the defendant, without reference to the proof in opposition, and it fails to make a case for a change of venue.
None of the particulars of the slander suit were proven, or offered to be proven. It was…
2Cases cited10 opinions
- McAnally v. StateSupreme Court of Alabama · 1883
- Clarke v. StateSupreme Court of Alabama · 1885
- Cleveland v. StateSupreme Court of Alabama · 1888
- Hussey v. StateSupreme Court of Alabama · 1888
- Garrett v. StateSupreme Court of Alabama · 1884
5 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Anderson v. StateSupreme Court of Alabama · 1922
- Smith v. StateSupreme Court of Alabama · 1916
- People v. LaparaCalifornia Supreme Court · 1919
- Harrold v. Territory of OklahomaCourt of Appeals for the Eighth Circuit · 1909
- Porter v. StateIndiana Supreme Court · 1910
16 more not listed; retrieve them via the Exa API.