Kinslow v. State
Supreme Court of Arkansas
Appeal from Garland Circuit Court; W. H. Evans, Judge; STATEMENT BY THE COURT. Dave Kinslow was indicted for the crime of murder, committed by killing one Kent. He petitioned for a change of venue on the ground that the minds of the inhabitants of Garland County were so prejudiced against him that he could not .obtain a fair and impartial trial therein.
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Appeal from Garland Circuit Court; W. H. Evans, Judge; STATEMENT BY THE COURT. Dave Kinslow was indicted for the crime of murder, committed by killing one Kent. He petitioned for a change of venue on the ground that the minds of the inhabitants of Garland County were so prejudiced against him that he could not .obtain a fair and impartial trial therein. The motion was supported by the affidavits of John Brown and Nathan Harper, The court caused them to be examined under oath concerning their knowledge of the subject-matter of their affidavits, in order to ascertain whether they were credible.…
1Opinion of the Court
Hart, J.,
(after stating the facts.) 1. The defendant assigns as error the action of the court in overruling his motion for a change of venue, and in refusing to allow him to amend the same. The motion appears to have been in proper form, and, besides, defendant did not state in what respect he wished to amend it. This he should have done in order that the court might be advised as to what it had to pass upon. Its materiality could not appear unless the facts upon which it was based were set out.
It was not an abuse of discretion to refuse a petition for a change of venue where the supporting…
2Cases cited7 opinions
- Allison v. StateSupreme Court of Arkansas · 1905
- Jones v. StateSupreme Court of Arkansas · 1889
- White v. StateSupreme Court of Arkansas · 1907
- Beavers v. StateSupreme Court of Arkansas · 1891
- Frank v. DunganSupreme Court of Arkansas · 1905
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Johnson v. StateSupreme Court of Arkansas · 1917
- Bradshaw v. StateSupreme Court of Arkansas · 1910
- District Grand Lodge No. 11 v. PrattSupreme Court of Arkansas · 1910
- Campbell v. StateSupreme Court of Arkansas · 1917