Anschicks v. State

Citations

• 45 Tex. 148

Syllabus

<p>1. Change op venue. — Where the statutory showing had been made by defendant for change of venue, and the testimony resisting the motion did not attack the character of the affiants supporting the motion, as to truthfulness or intelligence, nor show their want of means of information: Held, Error to overrule the motion for change of venue.</p> <p>2. Same. — Where the affiants are strong personal and political friends of the accused, and obscure men, residing at the county seat, and the counter-affiants are from different parts of the county, and testify that there had been prejudice such as to warrant the affidavit supporting the motion, but that they believed such feeling had abated, and that they believed a fair trial could be had: Held, Error to overrule such motion.</p> <p>3. Same. — See facts requiring a change of venue.</p> <p>4. Same. — Distinguished from Winkfield v. The State, 41 Tex., 148.</p>