Lowrey v. Hogue

A complaint was filed in one of the justices’ courts of the county of Fresno, charging the plaintiff with having committed the crime of battery. Prior to the time the case was set for trial, the plaintiff filed an affidavit, in which he set forth, that he could not have a fair and impartial trial by reason of the prejudice of the citizens of that township. The cause of such prejudice he alleged to be certain publications in the newspapers of the township with reference to the facts, or purported facts, of the case. A copy of the articles referred to was set forth in the affidavit. The justice…