Davis v. State

Murphy, C. J., delivered the opinion of the Court. Appellant Davis, a former police officer, was indicted in Baltimore City and charged under a number of indictments with bribery, conspiracy, lottery and narcotics ⁴⁸¹ violations and malfeasance in office. Subsequently, the State filed a motion for a change of venue, alleging therein that the State could not obtain a fair trial in Baltimore City because of highly inflammatory and prejudicial newspaper publicity which aroused public indignation and incited public prejudice against the State’s Attorney and Police Department of Baltimore City. The appellant answered the State’s motion, contending that it was prematurely filed, that it was based on legally insufficient facts and, if granted, would deny him due process of law and his constitutional right to a speedy trial.

After a hearing, the court, in a memorandum opinion, granted the State’s motion and removed the case for trial to Howard County. The appellant filed an immediate appeal to this court from the lower court’s ruling granting the State’s motion to change venue. In his order of appeal, appellant asserted it was based “Upon the court’s denial of the defendant’s right to a speedy trial and for other reasons to be set forth in Defendant’s brief.” While it does not appear that the