French v. State
Wisconsin Supreme Court
EeRob to review a judgment of the circuit court for Ash-land county: Jomsr K. Paeish, Circuit Judge. A former conviction of the plaintiff in error for the murder of Gavin M. Steele was reversed, and a new trial granted. 85 Wis. 400. The case came on for another trial, when an affidavit of the defendant was filed that the circuit judge was prejudiced, and a motion was made for a change of venue to Chippewa county, which was granted, but the order was subsequently vacated by…
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EeRob to review a judgment of the circuit court for Ash-land county: Jomsr K. Paeish, Circuit Judge. A former conviction of the plaintiff in error for the murder of Gavin M. Steele was reversed, and a new trial granted. 85 Wis. 400. The case came on for another trial, when an affidavit of the defendant was filed that the circuit judge was prejudiced, and a motion was made for a change of venue to Chippewa county, which was granted, but the order was subsequently vacated by consent. The court required the defendant to elect whether he would withdraw the affidavit of prejudice which had been…
1Opinion of the CourtPinney, J.
1: The right to a change of venue depends-entirely upon the statute. It is not guarantied by Const, art. I, sec. Y, or any other provision of the constitution. As the right exists only by virtue of the statute, a change of venue can be had only upon the terms the statute prescribes. The statute (S. & B. Ann. Stats, sec. 4686a) provides that-when a change of Avenue, in any criminal case in any court of record in this state, “ shall be applied for in any such court in the manner provided by law, on account of the-prejudice of the judge thereof, such court may, in lieu of awarding a change of…
2Cases cited11 opinions
- Commonwealth v. TrefethenMassachusetts Supreme Judicial Court · 1892
- Shailer v. BumsteadMassachusetts Supreme Judicial Court · 1868
- Freeman v. PeopleNew York Supreme Court · 1847
- Bennett v. StateWisconsin Supreme Court · 1883
- State v. LewisNevada Supreme Court · 1889
6 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Cooper v. OklahomaSupreme Court of the United States · 1996
- Oborn v. StateWisconsin Supreme Court · 1910
- State v. MendozaWisconsin Supreme Court · 1977
- State v. BohnerWisconsin Supreme Court · 1933
- Colbert v. StateWisconsin Supreme Court · 1905
11 more not listed; retrieve them via the Exa API.