 | Abraham Clark Freeman - 1907 - 1132 pages
...where the offense was committed, and prohibiting a change of place of trial to another county when a fair and impartial trial cannot be had in the county where the venue was originally laid t If it is true, as counsel for plaintiff contend, that "the right of trial... | |
 | Nevada. Supreme Court - 1908 - 674 pages
...section 306 of the criminal practice act (Comp. Laws, 4271), authorizing removal on the ground that a fair and impartial trial cannot be had in the county where the indictment is pending. State v. Dwyer, 421. DAMAGES. (See APPEAL.) DEFAULT. DEFAULT VACATED. Defendant,... | |
 | California - 1915 - 1172 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." 3. Amended by Stats. 1887, p. 61, to read: "1033. A criminal action may be... | |
 | California. District Courts of Appeal - 1918 - 942 pages
...court said in Cook v. Pend&rgast, 61 Cal. 72, 79: "So he [plaintiff] may move on the ground that a fair and impartial trial cannot be had in the county where the action has been commenced or whenever he ascertains the disqualification of the judge. But neither... | |
 | 1919 - 1884 pages
...this state that the venue of any cause, then pending in such court, should be changed either because a fair and impartial trial cannot be had in the county where the crime was committed, or because it is impracticable to get a qualified jury to try the case in the... | |
 | Texas. Legislature. House, Texas. Legislature. House of Representatives - 1920 - 212 pages
...conditions, preferences, prejudices or influence, it is the opinion of the Attorney General that a fair and impartial trial cannot be had in the county where the indictment is found. Upon the filing and presenting of such motion it will be the duty of the district... | |
 | Henry Roscoe, Herman Cohen - 1921 - 1368 pages
...change the venue. 7. Change of venue — not merely for convenience^ Only when it is alleged that a fair and impartial trial cannot be had in the county where the venue is laid, will the KED, on an affidavit stating that fact, generally consider whether the trial... | |
 | 1921 - 466 pages
...Attorney General believes local conditions, preferences, influences, and prejudices are such that a fair and impartial trial cannot be had in the county where the indictment is returned, he, or the local prosecuting attorney, can make a motion for a change of venue... | |
 | Arthur B. Honnold - 1922 - 894 pages
...273. Form. § 265. Change of venue "In all cases in which it is 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, on application of either party, change the place of trial to some county... | |
 | Texas, Rolland Bradley - 1924 - 302 pages
...conditions, preferences, prejudices or influence, it is the opinion of the Attorney General that a fair and impartial trial cannot be had in the county where the indictment is found. Upon the filing and presenting of such motion it will be the duty of the district... | |
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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. 
