State v. Miles

Respondent was charged with the crime of murder. A trial was had which resulted in a failure of the jury to agree upon a verdict. Thereafter the case was again set down for trial, whereupon the state made an application for a change of venue upon the ground that a fair and impartial trial could not be had in Kootenai county, the place where the offense was alleged to have been committed, which application was denied by the court. The appeal is by the state, on relation of the county attorney, from the order denying the application.

Respondent attacks the constitutionality of C. S., sec. 8895,…