Smith v. Commonwealth

Opinion op the court by

JUDGE DuRELLE

Reversing.

Appellant was originally indicted in Harlan county for the murder of S. T. Day. At the first term after the- indictment the accused filed bis affidavit for the purpose of removing the regular judge from the bench. The court held the affidavit insufficient, and refused, to vacate the bench, which is assigned as error. The Commonwealth applied for u change of venue, upon the ground that, owing to the almost universal relationship of the accused to leading families of the county, it was impossible for the Commonwealth to obtain a fair trial. Upon the…