Pierce v. State

Clark, Judge.

Defendant appeals from the denial of an application for a change of venue in relation to pending trial in Jeff Davis County on an indictment for murder. The application contends that (1) a fair and impartial jury cannot be obtained in the county and (2) there is a danger of defendant being lynched and of mob violence. After hearing evidence in support of and in opposition to the application, the trial judge denied the application.

An applicant for a change of venue on the ground that a fair and impartial jury cannot be obtained must show such by clear and convincing evidence. As…