Barnes v. State

Citations

• 36 Tex. 639

Syllabus

<p>1. The right to a change of venue is not a Constitutional right, but a legal right, secured upon certain conditions, and the court to which the application is made is to determine whether or not those conditions exist. (Cotton v. The State, 32 Texas, 614, cited by the court.)</p> <p>2. The State’s witness loaned Ms gun and ammunition to B., who declared his intention to kill M. After B. had started to where the killing took place, witness pursued him and tried to get the gun away. After the killing he went to a house where the accused was and told him that he had better get away from there as there were some people a short, distance off coming in the direction of the house. Held, that the witness must be regarded as an accessory after the fact, and in the light of an accomplice; but as there was other evidence in this case corroborating the testimony of this witness, the court declines to disturb the judgment of the court below.</p>