Territory v. Egan
Supreme Court Of The Territory Of Dakota
Writ of Error to the Mvmiehcbha County District Court. All facts necessary to understand the points decided are stated in the opinion. Points and authorities cited: An application for change of venue under our statute, is not addressed to the mere discretion of the Court. The statute implies an examination of evidence, and action as warranted by the facts: People v. Yoaham, 53 Cal., 566; Birdsong v. State, 47 Ala., 68; Green’s Crim.
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Writ of Error to the Mvmiehcbha County District Court. All facts necessary to understand the points decided are stated in the opinion. Points and authorities cited: An application for change of venue under our statute, is not addressed to the mere discretion of the Court. The statute implies an examination of evidence, and action as warranted by the facts: People v. Yoaham, 53 Cal., 566; Birdsong v. State, 47 Ala., 68; Green’s Crim. Rep., Yol. 1, 728; State v. Cemada, 48 Iowa, 448. The evidence of Dr. Allen, as to the direction from which blows were received, was not competent -as1 expert…
1Opinion of the CourtKidder, J.
The defendant in the court below was convicted at the November term of the District Court, within and for fh'e *123subdivision cpmposed of the counties of Minnehaha and McCooS^ A. D. 1881, of murder, — the lulling of his wife, Mary Egan.
(1.) The first error assigned was the overruling the motion for a change of venue, under section 285, Criminal Procedure, upon, the ground that a fair and impartial trial could not be had in this subdivision. This motion was based — -first, upon the affidavit of the defendant; and, second, upon the affidavits of the publishers of three newspapers published in…
2Cases cited7 opinions
- Kennedy v. . the PeopleNew York Court of Appeals · 1868
- People v. YoakumCalifornia Supreme Court · 1879
- People v. ShulerCalifornia Supreme Court · 1865
- People v. CongletonCalifornia Supreme Court · 1872
- People v. McCauleyCalifornia Supreme Court · 1851
2 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- State v. FergusonSouth Dakota Supreme Court · 1925
- State v. ChapmanSouth Dakota Supreme Court · 1890
- State v. RoberSouth Dakota Supreme Court · 1972
- State v. SoggeNorth Dakota Supreme Court · 1917
- State v. DouglassWest Virginia Supreme Court · 1895
11 more not listed; retrieve them via the Exa API.