State v. Smith

i. criminal voimo-2. CllUAUNAI. DAW: chango of venue: amendment to petition. I. Whether the petition for a change of venue was, in fact, meritorious is not a question before us. .The best sustained application for such change must be overruled if it be not supported by affidavit, as the statute requires. Some affidavits were withdrawn. The court overruled the application, and declared in connection therewith: “As to the statutory grounds, I do not think the necessary affidavits now remain.” This recital or statement to the effect that there had been enough withdrawals to reduce the affidavits…