Johnson v. Commonwealth
Court of Appeals of Kentucky
Case 17 — CHANGE OE VENUE APPEAL PROM L' 9AH CIRCUIT COURT. 1. The court erred in refusing appellant’s application for a change of venue upon the ground that he could not obtain a fair trial in the county of Logan. 2. The preponderance of evidence is clearly in favor of the change. 3. The amendment of April, 1880, makes no change as to the duty of the court. It is the duty of the court to determine from the evidence whether appellant is or not entitled to the change.
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Case 17 — CHANGE OE VENUE APPEAL PROM L' 9AH CIRCUIT COURT. 1. The court erred in refusing appellant’s application for a change of venue upon the ground that he could not obtain a fair trial in the county of Logan. 2. The preponderance of evidence is clearly in favor of the change. 3. The amendment of April, 1880, makes no change as to the duty of the court. It is the duty of the court to determine from the evidence whether appellant is or not entitled to the change. The evidence is overwhelming in favor of the change. 4. The court erred in refusing to permit Mr. Johnson, the brother of…
1Opinion of the Court
JUDGE LEWIS
DELIVERED THE OPINION OP THE COURT.
Appellant having been indicted at the February term, 1882, of tlie Logan circuit court for the murder of ■George Richards, was at the February term, 1884, tried ■ and convicted, and his punishment fixed at death.
' The first error complained of that it is necessary to notice is the order of court overruling his application for a change of venue.
In his petition, verified by affidavit, he stated that ■on account of the prejudice of the people of Logan county against him he could not have a fair.and impartial trial there. Accompanying his petition…
2Cases cited1 opinion
- Mickey v. CommonwealthCourt of Appeals of Kentucky · 1877
3Cited by6 opinions
- Godau v. StateSupreme Court of Alabama · 1913
- Seams v. StateSupreme Court of Alabama · 1887
- Shipp v. CommonwealthCourt of Appeals of Kentucky · 1907
- Foure v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1926
- Saffold v. StateMississippi Supreme Court · 1898
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