# Rush v. State

> Supreme Court of Arkansas · May 18, 1964 · 238 Ark. 149

URL: https://www.frixlaw.com/law-library/cases/9862850

## Case

- **Full name:** Rush v. State
- **Court:** Supreme Court of Arkansas
- **Decided:** May 18, 1964
- **Citations:** 238 Ark. 149; 379 S.W.2d 29; 1964 Ark. LEXIS 548
- **Precedential status:** Published
- **Opinion:** Concurrence by McPaddin
- **Judges:** Bobinson, McPaddin, McFaddin
- **Cited by:** 18 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9862850

## Opinion text

Ed. P. McPaddin, Associate Justice (concurring). I agree that the judgment of the Circuit Court should be reversed (a) because of the juror, C. E. Laws; and also (b) because of tbe admission of tbe pistol. Both of these matters are clearly stated in the Majority Opinion.
But I do not agree with the holding of the Majority in regard to change of venue. I am firmly of the view that when á defendant moves for a change of venue he has the burden; and if his witnesses fail to establish his claimed change, then the Court can so hold. In this case I think the defendant’s witnesses failed to establish the defendant’s right to a change of venue; and I think the Circuit Court was correct in refusing the change of venue.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9862850. Public record. Not legal advice.