People v. Graham
California Supreme Court
Appeal from the Court of Sessions of Sonoma County. The defendant was indicted in Sonoma County for an assault with intent to commit a rape upon a girl six years of age.
Read the full summary
Appeal from the Court of Sessions of Sonoma County. The defendant was indicted in Sonoma County for an assault with intent to commit a rape upon a girl six years of age. After pleading not guilty, he applied for a change of venue, and in his own affidavit stated that he could not have a fair and impartial trial in Sonoma County on account of the bias and prejudices of the citizens against him; that within a short time before the time fixed for trial some thirty or forty persons had subscribed each a small amount for procuring a lawyer to assist the District Attorney in the prosecution; that…
1Opinion of the CourtNorton, J.
Field, C. J. and Cope, J. concurring.
The affidavit of the accused, that he cannot have an impartial trial in the county where he is indicted, is not alone sufficient to authorize a change of the place of trial. The fact that thirty or forty persons, upon being solicited, have contributed small sums to defray the cost of employing a lawyer to assist the prosecuting attorney, does not show the existence of such an excitement or prejudice in the whole county upon the subject as would preclude the possibility or probability of procuring an impartial jury without difficulty, or would in any manner…
2Cases cited3 opinions
- People v. LeeCalifornia Supreme Court · 1855
- Bowman v. ElyNew York Supreme Court · 1829
- People v. WrightNew York Supreme Court · 1850
3Cited by14 opinions
- Davey v. Southern Pacific Co.California Supreme Court · 1897
- People v. MurphyCalifornia Supreme Court · 1963
- People v. OrdunoCalifornia Court of Appeal · 1978
- State v. HunterWashington Supreme Court · 1898
- Hollenbeck v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1897
9 more not listed; retrieve them via the Exa API.