Blackwell v. State

Simmons, Circuit Judge,

dissenting. — The first error found by the majority is developed under the second assignment, which questions the refusal of the Court below to grant a change of venue. The motion for a change of venue Was'based upon the alleged prejudice of the Presiding Judge and the ill-repute of the defendants in Okaloosa, County. This motion was made under the provisions of Section 1471, of the General Statutes of 1906, which provides that the ■ opposite party may deny the truth of any allegation of the motion except the allegation that the Trial Judge is prejudiced, when such…