State v. Hutchinson
Supreme Court of Iowa
Appeal from Delaware District Court. Practice : change of venue in criminal cases. — Tbe ■defendant, on an information filed before a justice of the peace for a violation of the liquor law (§ 1562 of the Be-vision), was tried by a jury, convicted, and fined twenty dollars. He appealed to the District Court, and there applied for a change of venue.
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Appeal from Delaware District Court. Practice : change of venue in criminal cases. — Tbe ■defendant, on an information filed before a justice of the peace for a violation of the liquor law (§ 1562 of the Be-vision), was tried by a jury, convicted, and fined twenty dollars. He appealed to the District Court, and there applied for a change of venue. The affidavit made by him in support of this application, states “ that he cannot receive a fair aud impartial trial, owing to the excitement and prejudice against him in the said county of Delaware; and this deponent further says, that the same…
1Opinion of the Court
Dillon, Ch. J.
The existing statute on this subject of change of venue in criminal cases (Bev. ch. 208), after providing that affidavits and counter affidavits may be filed, makes it the duty of “ the court, in the exercise of a sound discretion, to decide the matter according to the very right of it.” § 1733. This statute, in terms, invests the court with a discretionary power, which, however, is not to be arbitrarily or oppressively exercised, but exercised, when the court is fully advised, according to the *214dictates of right and justice. This statute has been frequently construed, and the…
2Cases cited1 opinion
- State v. BaldySupreme Court of Iowa · 1864
3Cited by1 opinion
- State v. BevansSupreme Court of Iowa · 1873