Loper v. State

This was a prosecution for murder, commenced in the circuit court of Lafayette county. The indictment was found the May term of that court, 1838. After pleading not guilty, the plaintiff applied to the court to change the venue, and in support of his application presented his affidavit and that of Alexander McFarland, which, in substance stated, that from the prejudice existing in the public mind in the county of Lafayette, the plaintiff could not have a fair trial, etc. The venue was ordered to be changed to Marshall county. And at the September term of the circuit court of that county he…