State v. Hoagland

Appellant was convicted in Valley county of murder in the first degree and his punishment was fixed by the jury at death. From the judgment of conviction and from an order overruling a motion for a new trial this appeal is taken.

Appellant first assigns as error the action of the court in denying his motion for change of venue. The motion is supported by the affidavits of appellant, his son, C. R. Hib-bard, Esq., one of his attorneys, and three residents of Valley county.

In his affidavit appellant avers that on the morning of October 14, 1922, the date of the alleged murder, he was rushed to…