Payne v. State
Supreme Court of Alabama
Erom tbe Circuit Court of Colbert, ou change of venue from Lauderdale. Tried before the Hon. Wm. S. Mudd. The prisoner in this case, George W. Payne, was indicted for the murder of John Edward Smith. The indictment was found in the Circuit Court of Lauderdale, at its April term, 1874; and the trial was removed, on the application of the prisoner, at the same term, to Colbert county.
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Erom tbe Circuit Court of Colbert, ou change of venue from Lauderdale. Tried before the Hon. Wm. S. Mudd. The prisoner in this case, George W. Payne, was indicted for the murder of John Edward Smith. The indictment was found in the Circuit Court of Lauderdale, at its April term, 1874; and the trial was removed, on the application of the prisoner, at the same term, to Colbert county. After several continuances, the prisoner presented his written petition, under oath, to Hon. W. B. Wood, the presiding judge of the 4th judicial circuit, which embraces the counties of Lauder-dale and Colbert,…
1Opinion of the CourtManning, J.
The refusal of the judge of the 4th judicial circuit to transfer this cause to a court in another circuit, when petition for that purpose was filed in vacation, under the “act to provide for a change of venue in certain cases,” approved January 26, 1875, constituted no' reason why the judge presiding at the trial, who was in no way disqualified, by relationship or otherwise, to sit therein, should grant the motion of defendant to continue the cause, or that to decline trying the same. .The object of the enactment was to expedite trials before disinterested judges and chancellors; and this…
2Cases cited2 opinions
- Pritchett v. StateSupreme Court of Alabama · 1853
- Hughey v. StateSupreme Court of Alabama · 1872
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