Brown v. State
Brown v. State
Opinion of the Court
delivered the opinion of the court.
Whatever conflict there may be in the evidence, so far as mere opinion is concerned, as to whether a fair trial could be had in Montgomery county, the testimony for appellant as to acts and circumstances, far more potential than mere opinion testimony, demonstrates beyond all doubt that the court erred in not granting the motion for a change of venue. With threats of death at the hands of a mob; threats of having the appellant if they had to blow up the jail with dynamite to get him; with the sheriff bringing him to Jackson to save his life; with efforts made to get him from the train, so that the sheriff had to lock him up in the
Reversed and remanded.
Reference
- Full Case Name
- Thomas Brown v. State of Mississippi
- Cited By
- 4 cases
- Status
- Published
- Syllabus
- Criminal Law. Change of venue. Code 1892, In a criminal case, if it appear on the hearing of an application for a change of venue (Code 1892, ยง 1411) that defendant had been threatened with death at the hands of a mob, that the sheriff had with difficulty kept him from the mob, that six guards were essential for his protection at the time of the hearing, and sixteen the night before, the application should be granted, no matter how many witnesses testify that in their opinion defendant could obtain a fair trial in the county.