 | New York (State) - 1889 - 878 pages
...justify removal of the cause to another county, it must be shown affirmatively ami clearly; that a fair and impartial trial cannot be had in the county where the indictment is pending. (People v. Squires, 4 NY, Cr. R. 444; 1 XY Slate Hep. 1W.) As to what will justify... | |
 | William Sullivan Pattee - 1895 - 264 pages
...56 of the Civil Code reads : " 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... | |
 | William John Tossell - 1915 - 754 pages
...motion is made under favor of Sec. 11415, GC, which is as follows: ""When it appears 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. If the application... | |
 | New York (State). Supreme Court. Appellate Division - 1912 - 1106 pages
...305) the court said: (< The right to remove the place of trial from one county to another, where a fair and impartial trial cannot be had in the county where the indictment is pending, has long existed. It existed at common law, and was subsequently incorporated... | |
 | 1897 - 936 pages
...accused is entitled to be tried by an impartial jury, and when it shall appear to the trial .judge that a fair and impartial trial cannot be had in the county where the offense was committed, he should direct that the accused be tried in another county. Under our decisions this... | |
 | 1897 - 1068 pages
...entitled to be tried by an impartial jury, and, when it is made to appear to the trial judge that a fair and impartial trial cannot be had in the county where the offense was committed, he should direct that the accused be tried in another county. This is a matter left... | |
 | New York (State), William Henry Silvernail - 1897 - 1152 pages
...of a motion to the supreme court to change the place of trial to another county on the ground that a fair and impartial trial cannot be had in the county where the indictment was found. People v. McLaughlin (Sup. Ct Sp. T. 1895), 69 S. R 252 ; 13 Misc. 287. When... | |
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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. 
