Birdsong v. State
Supreme Court of Alabama
Aureal from Circuit Court of Limestone. Tried before Hon. James S. Clark. Tbe appellant, Bh’dsong, was indicted and tried for tbe murder of Eli McKee, found guilty of murder in the second degree, and sentenced to tbe penitentiary for ten years.
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Aureal from Circuit Court of Limestone. Tried before Hon. James S. Clark. Tbe appellant, Bh’dsong, was indicted and tried for tbe murder of Eli McKee, found guilty of murder in the second degree, and sentenced to tbe penitentiary for ten years. On tbe trial, wbicb took place on November 1st, 1871, the defendant filed a sworn application for a change of venue, setting forth specifically tbe reasons why be could not have a fair and impartial trial, to-wit: “ That be bad been pubbsbed and posted in tbe newspapers of tbe county as a horse thief and murderer, and that in consequence thereof there…
1Opinion of the CourtPeck, C. J.
An application for a change of venue, in a criminal case in this State, no longer rests in the discretion of the court. If denied on a proper application, it is *74treated as an error, for which, after conviction, the judgment will be reversed on appeal, or, before trial, the defendant may obtain the benefit of such an application by mandamus — Ex parte Chase, 43 Ala. 303; Murphy & Ashford v. The State, at January term, 1871.
The application of the defendant in this case was made in proper time, and his affidavit, upon which it was made, contains all that the statute requires on such an…
2Cases cited2 opinions
- People v. BodineCourt for the Trial of Impeachments and Correction of Errors · 1845
- Ex parte ChaseSupreme Court of Alabama · 1869
3Cited by21 opinions
- Hussey v. StateSupreme Court of Alabama · 1888
- Godau v. StateSupreme Court of Alabama · 1913
- Smith v. StateSupreme Court of Alabama · 1876
- Brown v. WoolvertonSupreme Court of Alabama · 1928
- Seams v. StateSupreme Court of Alabama · 1887
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