Rattray v. State

Citations

• 61 Miss. 377

Syllabus

<p>1. Change oe Venue. Prepayment of costs.</p> <p>Tbe prepayment of costs cannot be made a condition precedent to a change of venue when the judge is satisfied from the showing made that the change is essential to the having of a fair and impartial trial.</p> <p>2. Same. Constitutional right.</p> <p>Section 4 of Art. XII of the Constitution guarantees as a constitutional right a change of venue when justice and impartiality demand it, and forbids the imposition of any pecuniary charge as a prerequisite.</p> <p>3. Same. Costs. Statute construed.</p> <p>The statute must be construed as authorizing the judge to impose any condition as to costs that he may think fit, but such imposition can only be made effectual by a writ of fi.fa. for the collection of the costs, as in case of other money judgments. The change of venue takes place at once, unless the order for it be vacated during the term upon grounds independent of pecuniary considerations.</p> <p>4. Libel. Indictment.</p> <p>An indictment for libel is ■ good which sets out the libelous matter without alleging in what form the same was published, i. e„ whether in newspaper, book, or letter; it sufficiently appearing from the indictment that a newspaper article was complained of.</p>