Butler v. State

1. The plaintiff in error filed a motion for a change of venue, on two grounds: “(1) That he ivas in danger of being lynched or some other violence done to him. (2) That he could not obtain a fair and impartial trial and a fair and impartial jury to try the case.” The evidence introduced at the hearing by the plaintiff in error, if accepted by the trial judge, would have amply sustained the motion asking for a change of venue. However, the State introduced evidence which, i£ believed, refuted every ground set out in the motion. Hence the judge was authorized to find that there was not a…