Bryan v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Elmore. Tried before the Hon. James Q. Smith. At the spring term, 1869, of Elmore circuit court, two indictments were found against Henry Bryan — one for burglary, and the other for larceny.
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Appeal from the Circuit Court of Elmore. Tried before the Hon. James Q. Smith. At the spring term, 1869, of Elmore circuit court, two indictments were found against Henry Bryan — one for burglary, and the other for larceny. At the same term, the court, upon the sworn petition of defendant, that on account of the actions and declarations of many of the most prominent citizens of the county, “ one of whom (naming him) had publicly offered to subscribe money with which to employ counsel to prosecute defendant, and expressed the belief that he was guilty, and ought to go to the penitentiary ; and…
1Per curiam
The appeal in this case must be dismissed, because there has been no final trial, on the indictment, in the court below.
The indictment was found by the grand jury of Elmore county.
The accused made an application to the court, in that county, for a change of venue, for causes set out in his affidavit.
The court granted the application, and ordered the venue to be changed to the county of Autauga.
The bill of exceptions shows that on the hearing “ it was admitted by the counsel for the State and 'defendant, that Montgomery county was the nearest court-house. It was also stated that Montgomery…
2Cited by2 opinions
- Ex parte BryanSupreme Court of Alabama · 1870
- Griffith v. StateAlabama Court of Appeals · 1952