 | Kansas - 1859 - 726 pages
...reside, or may be summoned. SEC. 61. In all cases in which it shall be made to appear to 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... | |
 | Nathan Howard (Jr.) - 1859 - 616 pages
...jurors are very imperfect. Still the court should not lightly adopt or act upon the opinion that a fair and impartial trial cannot be had in the county where the events which gave rise to the complaint are alleged to have happened. Facts, and not the mere impressions... | |
 | Amasa Junius Parker - 1860 - 720 pages
...jurors are very imperfect. Still the court should not lightly adopt or act upon the opinion that a fair and impartial trial cannot be had in the county where the events which gave rise to the complaint are alleged to have happened. Facts, and not the mere impressions... | |
 | Henry Jacob Labatt - 1861 - 1182 pages
...383. 39. Upon an application in a criminal case to change the. place of trial, on the ground that a fair and impartial trial cannot be had in the county where the prisoner was indicted, it is insufficient to state in the affidavit that a jury cannot be selected,... | |
 | Idaho (Ter.) - 1864 - 762 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. 307. If the court be satisfied that the representation of the defendant... | |
 | Idaho - 1864 - 734 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. 306. The application must be made in open court, and in writing, verified... | |
 | California, Theodore Henry Hittell - 1865 - 662 pages
...court in which it is pending, on the application of the defendant, on the ground } (-¡¡.'fS that a fair and impartial trial cannot be had in the county where the indictment is ?,ЯА1',8а; 21 i я!, 261. pending. 1900. SEC. 313. The application must be made in... | |
 | Abraham Caruthers - 1866 - 716 pages
...2. "In any criminal case," when the Court, upon an attempt to impanel a .jury, is of opinion that a fair and impartial trial cannot be had in the county where the cause is pending. (Code, 5195, ss. 2.) In the last case the venue might be changed whether the defendant... | |
 | John H. Colby - 1868 - 806 pages
...may be changed on the motion of the district attorney as well as the defendant,2 if it appears that a fair and impartial trial cannot be had in the county where the indictment was found. There is no fixed rule defining what shall or shall not be received as proof... | |
 | Kansas - 1870 - 312 pages
...as to read as follows: Sec. 56. In all cases in which it shall be made to appear to the court that a fair and impartial trial cannot be had in the county where the suit is pending, or when the judge is interested or has been of counsel in the case or subject matter... | |
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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. 
