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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. "
Reports of Cases Argued and Determined in the Supreme Court: And in the ... - Page 137
by Esek Cowen, New York (State). Supreme Court - 1837
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The New York Supplement, Volume 100

Law reports, digests, etc - 1907 - 1278 pages
...to the oyer and terminer, and that the venue be changed. * * * The course in criminal I>rosecutions, where a clear case is made out, Is to order a suggestion...Impartial trial cannot be had in the county where the offense is laid. A venire is then awarded to a sheriff of another county, and the cause tried there...
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The American State Reports: Containing the Cases of General ..., Volume 111

Abraham Clark Freeman - Law reports, digests, etc - 1907 - 1148 pages
...(Ballinger's Code, section 4857) authorizing a change of venue where there is reason to believe that a fair and impartial trial cannot be had in the county where the action is pending, or where the convenience of witnesses or the ends of justice will be forwarded by...
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Complete Digest of the Decisions of the Supreme Court and District Courts of ...

California - Law reports, digests, etc - 1907 - 1112 pages
...affidavits in support of application to change the place of trial of a criminal action, on the ground that a fair and impartial trial cannot be had in the county where the indictment is pending, pointed out. — People v. Yoaknm, 53 Cal. 566. [j] Application for change of...
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Reports of Cases Determined in the Supreme Court of the State of ..., Volume 29

Nevada. Supreme Court - Law reports, digests, etc - 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,...
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Revised Laws of Nevada: Containing State Statutes of a General ..., Volume 2

Nevada - Law - 1912 - 1278 pages
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The Penal Code of the State of California: Adopted February 14, 1872. With ...

California - Criminal law - 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...
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Reports of Cases Determined in the District Courts of Appeal of ..., Volume 35

California. District Courts of Appeal - Law reports, digests, etc - 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...
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American Law Reports Annotated, Volume 1

Law reports, digests, etc - 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...
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Journal of the House of Representatives ... of the ... Legislature, Volume 36

Texas. Legislature. House, Texas. Legislature. House of Representatives - Law - 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...
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Roscoe's Digest of the Law of Evidence: And the Practice of Criminal Cases ...

Henry Roscoe, Herman Cohen - Evidence (Law) - 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...
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