Kelly v. State
Supreme Court of Alabama
Appeal from Circuit Court of Dallas. Tried before Hon George H. Craig. The appellant, Eugene Archie Kelly, was convicted of the murder of Henry Cunningham, and sentenced to be hanged. When arraigned he pleaded not guilty, and by consent the 23d day of December, 1875, was set for the trial. On that day he filed a sworn application for a change of venue.
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Appeal from Circuit Court of Dallas. Tried before Hon George H. Craig. The appellant, Eugene Archie Kelly, was convicted of the murder of Henry Cunningham, and sentenced to be hanged. When arraigned he pleaded not guilty, and by consent the 23d day of December, 1875, was set for the trial. On that day he filed a sworn application for a change of venue. The petition alleged that injurious reports of the manner in which the killing occurred bad been circulated throughout the county; that, as detailed in the rumors current, the offence had aroused great indignation and feeling in the minds of…
1Opinion of the CourtManning, J.
The defendant in this cause in the circuit court made application upon affidavit, for a change of venue from Dallas to some other county, and set out that there were the same reasons why he could not have a fair trial in Perry county.
The judge of the circuit court refused to change the venue ; and the question is, whether this court will disturb his decision. We should have no hesitation on this subject but for the case JEx parte Ohase (43 Ala. 303), in which our immediate predecessors, Chief Justice Peck, dissenting, held that the ruling of the court below, denying such an application, was…
2Cases cited4 opinions
- Ex parte BanksSupreme Court of Alabama · 1856
- Ex parte ChaseSupreme Court of Alabama · 1869
- State v. BrookshireSupreme Court of Alabama · 1841
- State v. WareSupreme Court of Alabama · 1846
3Cited by8 opinions
- Jarvis v. StateSupreme Court of Alabama · 1902
- State v. WeltyWashington Supreme Court · 1911
- State v. HumphreysOregon Supreme Court · 1902
- Sims v. StateSupreme Court of Alabama · 1903
- Wesley v. StateSupreme Court of Alabama · 1878
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