Osborn v. State
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court. Hon. Libeety Bartlett, Circuit Judge. The first point we submit to the court is whether or not, in view of section 11, of the bill of rights, a change of venue in a felony case can be .ordered on the motion of the court, without the application or consent of the accused; and we submit the point for the consideration of the court.
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Appeal from Pulaski Circuit Court. Hon. Libeety Bartlett, Circuit Judge. The first point we submit to the court is whether or not, in view of section 11, of the bill of rights, a change of venue in a felony case can be .ordered on the motion of the court, without the application or consent of the accused; and we submit the point for the consideration of the court. The right provided for in the section of the bill of' rights above referred to has been considered of sufficientimportance to be guaranteed to the citizen by both the constitution of the United States and that ot the state. Is the…
1Opinion of the Court
: Mr. J ustice CleNdeotN
delivered the opinion of the court.
George Osborn, the appellant, was indicted at the March term, 1856, of the circuit court of Saline county for the crime of murder. At the September term of the same court, he was arraigned, and standing mute a plea of not guilty was directed to be entered for ’him. He was tried at that term, and found guilty of murder in the second degree, and his punishment assessed by the jury at five years in the penitentiary. His counsel moved for a new trial, which was granted, and thereupon the court, of its own motion changed the venue of said…
2Cited by21 opinions
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- Wilson v. StateSupreme Court of Georgia · 1955
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