State v. Albee
Supreme Court of New Hampshire
Motion by the respondent for a change of venue. At the April term, 1881, thirteen indictments were returned against the respondent for embezzling the funds of the Ashuelot Savings Bank in Winchester, and for various other offences connected with the alleged embezzlement.
Read the full summary
Motion by the respondent for a change of venue. At the April term, 1881, thirteen indictments were returned against the respondent for embezzling the funds of the Ashuelot Savings Bank in Winchester, and for various other offences connected with the alleged embezzlement. Upon the last day of the next term, after the cases were continued upon his motion, the respondent moved that the venue be changed, upon the ground that in this county he could not have a fair and impartial trial. Upon the evidence taken upon notice by both parties and submitted, the court found that there was good reason to…
1Opinion of the CourtSmith, J.
In State v. Sawyer, 56 N. H. 175, we denied the respondent’s motion for a change of venue. The motion was made in the superior court while the indictment was pending in the circuit court, and there had been no transfer of any question of law. We denied the motion on the ground that we could not interfere with the order of business in the circuit court; also, because the respondent produced no evidence in support of his motion. Upon the constitutional question whether the court had the power to order a change of venue, we contented ourselves with this single remark: “As at present advised, we…
2Cases cited13 opinions
- Cancemi v. . the PeopleNew York Court of Appeals · 1858
- Commonwealth v. CostleyMassachusetts Supreme Judicial Court · 1875
- Connors v. . the PeopleNew York Court of Appeals · 1872
- Gut v. StateSupreme Court of the United States · 1870
- State v. GutSupreme Court of Minnesota · 1868
8 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Opinion of the JusticesSupreme Court of New Hampshire · 1891
- State v. AddisonSupreme Court of New Hampshire · 2013
- Wafai v. PeopleSupreme Court of Colorado · 1988
- In RE STATE (STATE v. JohansonSupreme Court of New Hampshire · 2007
- State v. SullivanSupreme Court of New Hampshire · 1981
7 more not listed; retrieve them via the Exa API.