People ex rel. Smith v. Judge of the Twelfth District
California Supreme Court
Application to the Supreme Court for a mandamus to the Twelfth District Court. On the seventh of January, 1861, an indictment for murder was found by the grand jury in the Court of Sessions of the city and county of San Francisco against Horace Smith, and duly transferred to the Twelfth District Court, in said city, for trial. January 22d, 1861, Smith was arraigned, and time was given for answer.
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Application to the Supreme Court for a mandamus to the Twelfth District Court. On the seventh of January, 1861, an indictment for murder was found by the grand jury in the Court of Sessions of the city and county of San Francisco against Horace Smith, and duly transferred to the Twelfth District Court, in said city, for trial. January 22d, 1861, Smith was arraigned, and time was given for answer. February 2d, 1861, he plead “ not guilty; ” and on the sixteenth of that month made a motion in said Twelfth District Court for a change of venue, based upon the alleged ground of prejudice against…
1Opinion of the CourtBaldwin, J.
Cope, J. concurring.
At the present session of the Legislature an act was passed as follows: “An Act to change the venue in the case of Horace Smith. Preamble:
“ Whereas, an indictment is now pending in the Twelfth Judicial District Court of this State, charging Horace Smith with the crime of murder, alleged to have been committed by killing Samuel T. Hewell, in the city and county of San Francisco, on the first day of January, A. D. 1861; and whereas, it appears that the * accused and the deceased both resided at Auburn, in the county of Placer, at the time of the alleged homicide, and that…
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