Wells v. State
Supreme Court of Arkansas
APPEAL from Yell Circuit Court, Dardanelle District. J. E. Cravens, Special Judge. 1. The court should have arrested the judgment, for, after the filing of a proper petition properly sustained for change of venue, the Yell circuit court had no further jurisdiction, for the duty of the court was plain and admitted of no discretion.
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APPEAL from Yell Circuit Court, Dardanelle District. J. E. Cravens, Special Judge. 1. The court should have arrested the judgment, for, after the filing of a proper petition properly sustained for change of venue, the Yell circuit court had no further jurisdiction, for the duty of the court was plain and admitted of no discretion. The grounds upon which the court placed its refusal are wholly untenable; to require a man to be tried in a county whose inhabitants were so prejudiced against him was a violation of the statute and appellant’s constitutional right. Mansf. Dig., sec. 2195; Art. 2,…
1Opinion of the CourtHughes, J.
The appellant was indicted for murder in the first degree by the grand jury in the Dardanelle district of Yell county, Arkansas, was arraigned and pleaded not guilty, and then filed a motion for a change of venue on the ground that the minds of the inhabitants of Yell county, where the cause was pending, were so prejudiced against him, that he could not obtain a fair and impartial trial therein, and concluded the motion by saying, “'this applies also to Pope county.” The motion was sworn to by defendant and three other persons. The court decided to overrule the-motion unless so amended as to…
2Cited by3 opinions
- Kent v. StateSupreme Court of Arkansas · 1897
- Williams v. StateSupreme Court of Arkansas · 1923
- Bruce v. StreetSupreme Court of Arkansas · 1944