The opinion of the Court was delivered by
Mr. Justice Hydrick.Defendant appeals from sentence on conviction of arson, and assigns error,
inter
alia, in the refusal of his motion for a change of venue.
1, 2
In support of the motion, he submitted the affidavits of 20 prominent and respectable citizens of the county to the effect that- it was impossible for him to get a fair and impartial trial in Jasper county on account of prejudice against him, the inflamed state' of the public mind, and the popularity and influence of the prosecutor. . The State offered nothing to the contrary. The granting or refusing of motion for change of venue is in the discretion of the Court. But it is a judicial, and not an arbitary, discretion. Upon the showing made, defendant was clearly entitled to a change of venue. This view of the case makes it unnecessary to consider the other- grounds of appeal.
The judgment is reversed, and the case is remanded for a change of venue and a new trial.