Miller v. State

Appellant prosecutes this appeal from a conviction of murder in the first degree, with the death penalty assessed.

1. When the cause was called for trial, he applied for a change of venue, based upon both grounds mentioned in the statute. To this application was attached an exhibit — a newspaper account of the actions of a mob which sought to take defendant from custody for the purpose of hanging him. The controverting affidavit filed by the State was sufficient, both as to form and substance; wherefore the court did not err in overruling defendant's exceptions to the same. Willson's Crim.…