State v. Ware
Supreme Court of Alabama
On questions of law referred as novel and difficult by the Circuit Court of Benton. The defendant was indicted, at the spring term, 1845, of the circuit court of Talladega county, for the stealing, taking and conveying away two slaves, with a view then and there to convert such slaves to his own use.
Read the full summary
On questions of law referred as novel and difficult by the Circuit Court of Benton. The defendant was indicted, at the spring term, 1845, of the circuit court of Talladega county, for the stealing, taking and conveying away two slaves, with a view then and there to convert such slaves to his own use. The court ordered a change of venue to the county of Benton, reciting in the order, that the reason set out in the affidavit applied to the counties of Shelby and St. Clair, as well as to the county of Talladega. From a bill of exceptions agreed to by the counsel representing the State at the…
1Opinion of the CourtGoldthwaite, J.
1. Waiving the consideration, whether the first question made in this case, is presented by a proper bill of exceptions, or whether it is reserved as novel and difficult, we think if it was so presented, there is nothing-in it; first, because if the venue was changed irregularly, *816and without* the consent of the defendant, his mode to revise the erroneous action of the court in this particular, is by mandamus — and, secondly, because the whole subject of a change of venue is within the discretion of the circuit court, and the exercise of that discretion is not reviseable. [Brookshear v. The…
2Cases cited1 opinion
- State v. BrookshireSupreme Court of Alabama · 1841
3Cited by6 opinions
- Littlefield v. StateAlabama Court of Appeals · 1952
- Ex parte BanksSupreme Court of Alabama · 1856
- Bailey v. StateSupreme Court of Alabama · 1877
- Kelly v. StateSupreme Court of Alabama · 1875
- Wilson v. StateCourt of Criminal Appeals of Alabama · 1985
1 more not listed; retrieve them via the Exa API.