Labbaite v. State
Court of Appeals of Texas
Appeal from the District Court of Lampasas. Tried below before the Hon. W. A. Blackburn. The charging part of the indictment alleged that ‘6 Ed.
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Appeal from the District Court of Lampasas. Tried below before the Hon. W. A. Blackburn. The charging part of the indictment alleged that ‘6 Ed. A. Labbaite, with force and arms, in the county of Lampasas, and State of Texas, did, heretofore, to wit, on the 10th day of- March, A. D. 1877, then and there unlawfully, wilfully, feloniously, and without lawful authority, and with the intent to injure and defraud, make a certain false instrument in writing upon paper, purporting to be the act of others, to wit, the act of J. P. Gibson, Martin White, and John Hanna; the said false instrument being…
1Opinion of the CourtWhite, J.
Preliminary to the trial by jury in this case, the defendant made two motions, viz., one for a change of venue, and one for a continuance. Both these motions were overruled by the court, and the rulings thereon are complained of as error.
It is no longer an open question that the court below, in passing upon an application for a change of venue, grounded on allegations of local prejudice or influential combinations, may examine the supporting affiants and hear the sworn statements and evidence of other citizens touching the grounds of the application. And unless it clearly appears that the…
2Cases cited7 opinions
- Bissot v. StateIndiana Supreme Court · 1876
- Jones v. StateSupreme Court of Alabama · 1874
- Commonwealth v. SearleSupreme Court of Pennsylvania · 1810
- Commonwealth v. WardMassachusetts Supreme Judicial Court · 1807
- Perkins v. CommonwealthSupreme Court of Virginia · 1851
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