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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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New York Criminal Reports: Reports of Cases Decided in All Courts ..., Volume 11

Criminal law - 1897 - 630 pages
...a right to apply for a removal of the action to another county before trial, upon the ground that a fair and impartial trial cannot be had in the county where the indictment was found. 2. Same. A district attorney, who insists upon proceeding with the trial in total...
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Pittsburgh Legal Journal, Volume 33

Law - 1886 - 528 pages
...the place of trial, it was said by Chief Justice SAVAGE : " Changing the venue, technically speaking, is out of the question. The course in criminal prosecutions,...impartial trial cannot be had in the county where the offense is laid. A venire is then awarded to the sheriff of another county, and the case tried there,...
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The Eastern Reporter: Containing All the Decisions of the States ..., Volume 3

Law reports, digests, etc - 1886 - 1010 pages
...trial, it was said by Chief Justice SAVAGE : " Changing the venue, technically speaking, is out of tlin question. The course in criminal prosecutions, where...impartial trial cannot be had in the county where the offense is laid. A venire is then awarded to the sheriff of another county, and the case tried there,...
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The Codes and Statutes of California, as Amended and in Force at the Close ...

California - California - 1886 - 992 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 action is pending. [Amendment, approved April 9, 1880; Amendments 1880, 19 (Ban. ed. 165); took effect...
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The Southern Reporter, Volume 76

Law reports, digests, etc - 1918 - 1036 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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The New Hampshire Reports, Volume 61

New Hampshire. Supreme Court - Law reports, digests, etc - 1887 - 702 pages
...rights, being a provision designed for the protection of the respondent, may be waived by him when a fair and impartial trial cannot be had in the county where the fact was committed. Ib. 6. Under Gen. Laws, c. 275, . 8, a member of a partnership cannot be convicted...
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The New York Supplement, Volume 100

Law reports, digests, etc - 1907 - 1210 pages
...for trial, instead of being remitted to the oyer and termlner, and that the venue be changed. • * * The course In criminal prosecutions, where a clear...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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Roscoe's Digest of the Law of Evidence in Criminal Cases, Volume 1

Henry Roscoe - Evidence, Criminal - 1888 - 830 pages
...For other cases of venue in particular offences, see index, tit. " Venue." Change of venue. When a fair and impartial trial cannot be had in the county where the venue is laid, the Court of King's Bench (the indictment being removed thither by certiorari, ante,...
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The Code of Criminal Procedure and Penal Code of the State of New York, as ...

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...
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The American and English Railroad Cases: A Collection of All the Railroad ...

Lawrence Lewis, Adelbert Hamilton, John Houston Merrill, William Mark McKinney, James Manford Kerr, John Crawford Thomson - Railroad law - 1889 - 768 pages
...change of venue in a civil action should be denied unless it is made to appear to the court that a fair and impartial trial cannot be had in the county where the action is pending. The fact that there are numerous" persons in the county that are biased and prejudiced...
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