Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42. Page: 375
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1875.] WALKER v. THE S'ATE. 375
Opinion of the Court.
struct the jury as to the relative force of the different kinds
of evidence, and as to the circumstances under which one kind
may be equal in weight to another, and as to the proper processes
of considering evidence in order to arrive at correct conclusions,
we will have presented a trial in form, but judicial
anarchy, or judicial tyranny in substance, may be the result of
the trial, to the prejudice of the defendant or of the State.
Another ground of error complained of by the defendant is
in the action of the court in overruling the application for a
change of venue, which is made to appear in a bill of exceptions,
as it should be done, embracing all of the proceedings as
well as the action of the court thereon. Walker and Black being
indicted together, joined in the affidavit for a change of
venue, " because there exists in Galveston (county, wherein this
" prosecution was commenced, and is now pending, so great
"prejudice against them that they cannot obtain a fair and im"
This is supported by the affidavit of three persons, residents
of said county, fully as required by the terms of the Code.
(Paschal's Digest, Article 2994.)
In opposition to this a counter-affidavit was filed signed by
forty-nine persons, who swear that they are satisfied there is
no such prejudice against said defendants as to prevent their
obtaining a fair and impartial trial.
Those sworn, both in support of and in opposition to the
change of venue, state,that they are acquainted with the public
sentiment upon the subject in Galveston county.
The Code provides that " a change of venue may be granted
" on the written application of the defendant, supported by his
" own affidavit and the affidavit of at least two credible per'
sons, residents of the county where the prosecution is insti"tuted,
for either of the following causes, the truth and suf"
ficiency of which the court shall determine," etc. This court
has decided that the District Court may admit counter-affidavits,
when deemed necessary in determining the facts thus submitted
to its judgment, in Winkfield v, The State, Reference
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Texas. Supreme Court. Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42., book, 1881; St. Louis, Mo.. (texashistory.unt.edu/ark:/67531/metapth28531/m1/383/: accessed March 28, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .