State v. Clevenger
Supreme Court of Missouri
Appeal from Olay Circuit. Court. — Eon. E. J. Broadclus, Judge. (1) Tbe granting of a change of venue in a criminal case is a matter 'within the discretion of the trial court. And the appellate tribunal will not disturb the trial court’s ruling thereon unless that discretion has been palpably abused. State v. Dyer, 139 Mo. 199; State v. Tatlow, 136 Mo; 678. (2) The defendant was in custody when indicted.
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Appeal from Olay Circuit. Court. — Eon. E. J. Broadclus, Judge. (1) Tbe granting of a change of venue in a criminal case is a matter 'within the discretion of the trial court. And the appellate tribunal will not disturb the trial court’s ruling thereon unless that discretion has been palpably abused. State v. Dyer, 139 Mo. 199; State v. Tatlow, 136 Mo; 678. (2) The defendant was in custody when indicted. The indictment. was returned at the February term, 1899. His application for a change of venue was filed at the November term, 1899, and the application fails to state that the facts on which…
1Opinion of the CourtBurgess, J.
At the February term, 1899, of the circuit court of Olay county defendant was indicted for murder in the first degree, for having theretofore at said county shot and killed with a pistol one George Allen. The cause was then continued to the following June term of said court. At this term on application of defendant the cause was continued until the November term, 1899, of said court.
On the first day of this term defendant was duly arraigned and pleaded not guilty. He then filed a motion for a change of venue alleging that the minds of the inhabitants- of Olay county were so prejudiced…
2Cases cited7 opinions
- State v. HundleySupreme Court of Missouri · 1870
- State v. DyerSupreme Court of Missouri · 1897
- State v. SchaeferSupreme Court of Missouri · 1893
- State v. WrightSupreme Court of Missouri · 1896
- State v. TatlowSupreme Court of Missouri · 1897
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3Cited by5 opinions
- State v. BarringtonSupreme Court of Missouri · 1906
- State v. McCarverSupreme Court of Missouri · 1906
- State v. SharpSupreme Court of Missouri · 1911
- State v. JordanSupreme Court of Missouri · 1920
- State v. OwensSupreme Court of Missouri · 1972