Maxwell v. State

Griffin Smith, Chief Justice.

This is the second appeal from a death sentence for rape. We formerly reversed because insufficient time was given the accused to prepare his defense, but held that the evidence was sufficient to sustain the judgment. Maxwell v. Slate, 216 Ark. 393, 225 S. W. 2d 687.

On retrial the defendant moved for a change of venue, alleging local prejudice. Witnesses in support of the motion -were not informed respecting all sections of the county, nor did they testify unequivocally that public hostility was such that a fair trial could not be procured; hence the Court…