Ward v. State
| Decision Date | 08 December 1900 |
| Citation | 60 S.W. 31,68 Ark. 466 |
| Parties | WARD v. STATE |
| Court | Arkansas Supreme Court |
Appeal from Lee Circuit Court, HANCE N. HUTTON, Judge.
Judgment reversed.
Fletcher Roleson and McCulloch & McCulloch, for appellant.
The defendant's motion for a change of venue being in due form, as prescribed by act April 4, 1899, it was error for the court to overrule it without hearing evidence touching the credibility of the supporting affiants. 25 Ark. 445; 54 Ark. 243.
Jeff Davis, Attorney General, and Chas. Jacobson, for appellee.
The defendant in this case was indicted and convicted of the crime of grand larceny, and sentenced to be imprisoned in the state penitentiary for a term of three years. Before the trial of the case he made an application for a change of venue on the ground that the minds of the inhabitants of Lee county were so prejudiced against him that a fair and impartial trial of this cause could not be had in that county. Both the petition for a change of venue and the supporting affidavits made by two witnesses are in proper form, and set out the facts required by the statute in order to obtain a change of venue. The record recites that when the petition for a change of venue came on for hearing the prosecuting attorney asked leave of the court to call upon the witness stand the two supporting witnesses to the petition, for the purpose of examining them in order to determine their credibility, but the presiding judge declined to permit this, and stated that it was unnecessary, as he knew that the defendant could get a fair and impartial trial in Lee county, and that he would not permit two persons to come into court and recklessly swear to the contrary, The court thereupon overruled the petition for a change of venue and the defendant excepted.
The attorney general has on this point filed a written confession of error, on the ground that this was "an arbitrary refusal of the court to grant a change of venue on a proper showing. We are of the opinion that this confession of error should be sustained. The defendant made affidavit to the facts set out in his petition, and the allegations of his petition were supported by the affidavits of two persons, who make oath that they are qualified electors and actual residents of Lee county, and not related to the defendant in any way. It is true that the prosecuting attorney offered to show that these affiants were not...
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Spurgeon v. State
... ... affiants--whether they had sufficient information to make an ... affidavit on the subject, or whether they swore recklessly ... and without information. The following authorities are only a ... few of the cases which establish this rule: Jackson ... v. State, [160 Ark. 121] 54 Ark. 243; Ward ... v. State, 68 Ark. 466, 60 S.W. 31; Maxey v ... State, 76 Ark. 276, 88 S.W. 1009; White v ... State, 83 Ark. 36, 102 S.W. 715; Strong v ... State, 85 Ark. 536, 109 S.W. 536; Duckworth ... v. State, 86 Ark. 357, 111 S.W. 268; ... Latourette v. State, 91 Ark. 65, 120 S.W ... 411; ... ...
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Williams v. State
...the change of venue because it believes the defendant can obtain a fair and impartial trial in the county. Kirby's Dig., §§ 2317, 2318; 68 Ark. 466; 36 Ark. 286; Ark. 243; 71 Ark. 180. 2. Appellant was entitled to an instruction on the question of alibi, and the court erred in refusing to c......
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Bailey v. State
... ... But under the law, as it now ... exists and has been declared to be in many cases, the trial ... court, in criminal cases, may pass only upon the credibility ... of the persons who, by affidavit, support the petition for a ... change of venue ... In the ... case of Ward v. State, 68 Ark. 466, 60 S.W ... 31, the trial judge resided in the county where the ... prosecution was pending, and upon denying the petition for a ... change of venue stated that "he knew the defendant could ... get a fair and impartial trial in Lee county, and that he ... would not ... ...
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Bailey v. State, 4254.
...pass only upon the credibility of the persons who, by affidavit, support the petition for a change of venue. In the case of Ward v. State, 68 Ark. 466, 60 S.W. 31, the trial judge resided in the county where the prosecution was pending, and upon denying the petition for a change of venue st......