A criminal action may be removed from the court in which it is pending on application of the defendant, on the ground that a fair and impartial trial cannot be had in the county. The Pacific Reporter - Seite 2071890Vollansicht - Über dieses Buch
| John Frederick Archbold - 1819 - 336 Seiten
...affidavit, it is always changed to the county in which the cause of action arose; when changed because a fair and impartial trial cannot be had in the county in which it is laid, it is usually changed to the next adjoining county; when changed fur any other special... | |
| Maryland. Court of Appeals, Thomas Harris, Reverdy Johnson - 1826 - 654 Seiten
...all the other counties— the privilege of removing the indictment into an adjoining county, when ft fair and impartial trial cannot be had in the county in which the person is indicted. The power is to be exercised in the discretion of the court, according to all the... | |
| Sir John Comyns - 1824 - 840 Seiten
...to the next adjoining county. 7 Taunt. 385. (g) 1 . Say. Rep. 146. See Lofft, 50 — 2. But where a fair and impartial trial cannot be had in the county in which the venue is laid, the court Лп affidavit of the circumstance, will give leave to enter a suggestion... | |
| Elijah Paine - 1830 - 864 Seiten
...'fill give leave to enter a suggestion on the roll, in order to have the trial in an adjoining county, on the ground that a fair and impartial trial cannot be had in the proper county ,55 " 2 Caines' Rep. 46. "2 Johns. Rep. 196. '"' 1 Caines' Rep. 503. and ib. M 2 Johns.... | |
| David Hughes - 1833 - 520 Seiten
...it be laid in a third county, the courts will not change it. (z) When a special ground is laid, or a fair and impartial trial cannot be had in the county in which the venue is laid, the court will change it to another, even although according to the ordinary practice... | |
| Jacob D. Wheeler - 1833 - 646 Seiten
...power to change the venue in any of Hie actions spec! lied in this section, when it shall appear that a fair and impartial trial cannot be had in the county, in which such venue is 1 aid. See. 3. "In suits against public officers, or against any person specially appointed... | |
| Great Britain. Court of Exchequer, Roger Meeson, William Newland Welsby - 1837 - 988 Seiten
...before a different tribunal, in the event of the rule being made absolute. Another instance is, where a fair and impartial trial cannot be had in the county in which the venue is laid ; there the suggestion cannot be traversed : Rex v. Harris (a). Lord Mansfield, CJ, says,... | |
| Ireland. Court of King's Bench - 1840 - 448 Seiten
...* See Smytli v. Jordan, Cr. & Dix, ANC 106. | Upon the subject of changing or retaining the venue, on the ground that a fair and impartial trial cannot be had in the place in Slight HILARY TERM, THIRD VICTORIA. Tuesday, February \8tfi. IN CHAMBER. 369 Coram the LORD... | |
| John Frederick Archbold, Thomas Chitty - 1840 - 914 Seiten
...affidavit, it is always changed to the county in which the cause of action arose ; when changed because a fair and impartial trial cannot be had in the county in which it is laid, it is usually changed to the next adjoining county; when changed for any other special... | |
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