People v. Suesser

—The defendant was tried and convicted of murder in the first degree and sentenced to be hanged, and has appealed from the judgment and from an order refusing a new trial.

The principal point relied upon for a reversal is the refusal of the court to grant a change of venue upon the showing made by the defendant. Section 1033 of the Penal Code directs the trial court to grant the change when it is made to appear that a fair and impartial trial cannot be had in the county, and when, from any cause, no jury can be obtained in the county where the action is pending. So far as this case is…