 | Tennessee - 1840 - 314 pages
...any of the courts, and the judge presiding trial of saiii criminal or criminals, be of opinion that a fair and impartial trial cannot be had in the county where the cause is then pending, the said judge shall and may order the venue of said cause to be changed to... | |
 | Henry Roscoe - 1840 - 908 pages
...the indictment or information to have had jurisdiction over the offence. Change of venue.] Where a fair and impartial trial cannot be had in the county where the venue is laid, the Court of King's Bench (the indictment being removed thither by certioran) will,... | |
 | California. Supreme Court - 1851 - 672 pages
...from the court in which it is pending, on the " application of the defendant, on the ground that a fair and " impartial trial cannot be had in the county where the indict" ment is pending. " Sec. 331. The application must be made in open court, " and in writing,... | |
 | Georgia. Supreme Court - 1851 - 716 pages
...competent to interrogate him farther. . . Mr. Roscoe, in his Treatise on Criminal Evidence, says, where a fair and impartial trial cannot be had in the County where the , va. The Stale of Georgia. venue is laid, the Court of Kings Bench, (the indictment being removed... | |
 | Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - 1893 - 800 pages
...veracity is good — Affidavit of plaintiff for change of venue, in which he states his belief that a fair and impartial trial cannot be had in the county where the suit is commenced and in which the parties reside, cannot be used by the defendant as evidence on the... | |
 | California, Selucius Garfielde, Frederick A. Snyder - 1853 - 1108 pages
...removed from the court in which it is pending, on the application of the defendant, on the ground that a fair and impartial trial cannot be had in the county where the indictment is pending. SEC. 313. The application must be made in the open court, and in writing verified... | |
 | Ireland. High Court of Chancery - 1855 - 736 pages
...defendant to have the venue changed, where the action is local; because a suggestion must be entered on the record that a fair and impartial trial cannot be had in the place where the venue was laid ; and the effect of entering such a suggestion would be to conclude... | |
 | John Bouvier - 1855 - 774 pages
...be rendered against a party, because he does not deny the cause of action, ie by default. 3. When a fair and impartial trial cannot be had in the county where the venue is laid, the practice in the English courts is, on an affidavit of the circumstances, to change... | |
 | William H. R. Wood - 1857 - 834 pages
...removed from the court in which it is pending, on the application of the defendant, on the ground that a action, disregard any error or defect in the pleadings or pro indictment is pending. ART. 1591, Sec. 313. The application must be made in open court, and in writing,... | |
 | Kansas - 1858 - 482 pages
...ro~ SEC. 54. That in all cases, in which it shall be made to appear Change of vento the court, that a fair and impartial trial cannot be had in the county where the suit is pending, the court may change the place of trial, to some adjoining county. TITLE V. COMMENCEMENT... | |
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A criminal action, prosecuted by indictment, may be removed from the court in which it is pending, on the application of the defendant, on the ground that a fair and impartial trial cannot be had in the county where the indictment is pending. 
