Avery v. State

James Avery was indicted by the grand jury of Walker County for the offense of rape. He filed a petition for a change of venue in which he alleged that he is a negro and that he is charged with the offense of rape upon a white woman; that the alleged offense is supposed to have oc*701curred on Oetober 29, 1950, and that on the same night the defendant was arrested but was removed from the Walker County jail to another county and there confined because the sheriff of Walker County believed that a mob would be formed to lynch the defendant if he remained in confinement in Walker County. Upon the…