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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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Practice Reports in the Supreme Court and Court of Appeals, Volume 16

Nathan Howard (Jr.) - Civil procedure - 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...
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General Laws of the Territory of Kansas

Kansas - Session laws - 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...
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Reports of Decisions in Criminal Cases Made at Term at Chambers ..., Volume 4

Amasa Junius Parker - Criminal law - 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...
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A Digest of the Decisions of the Supreme Court of the State of ..., Volume 1

Henry Jacob Labatt - Law reports, digests, etc - 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,...
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A Digest of New York Statutes and Reports: From the Earliest ..., Volume 4

Benjamin Vaughan Abbott, Austin Abbott - Law reports, digests, etc - 1864 - 810 pages
...opinions as to the prisoner's guilt. Ib. 56. The affidavit most not only set forth a belief that a fair and impartial trial cannot be had in the county where the venue is laid, but also the facts and circumstances on which that belief is grounded ; and the difficulty...
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Laws of the Territory of Idaho

Idaho - Law - 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...
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Laws of the Territory of Idaho

Idaho (Ter.) - Law - 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...
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The General Laws of the State of California, from 1850 to 1864, Inclusive ...

California, Theodore Henry Hittell - Law - 1865 - 662 pages
...court in which it is pending, on the application of the defendant, on the ground } (-กก.'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...
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History of a Lawsuit: Or a Treatise on the Practice in Suits and Proceedings ...

Abraham Caruthers - Civil procedure - 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...
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A Practical Treatise Upon the Criminal Law and Practice of the State of New ...

John H. Colby - Criminal law - 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...
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