Day v. State

Appellant was charged by affidavit with the crime of assault and battery with intent to rob. A .motion to quash was overruled. After the jurors had been sworn to answer questions and had been examined by the State, appellant filed his motion for a change of venue from the county which was overruled.

Prior to the filing his motion to quash, appellant asked for a change of venue from the judge of the Fountain circuit court which was granted and the Hon. W. N. White was duly selected as special judge to try the cause. Upon the first trial the jury disagreed and was discharged. After the first…