People v. Fisher
California Supreme Court
AppeaIi from the Court of Sessions of Alameda County. The opinion of the Court shows the error assigned. The affidavit for a change of place of trial avers that there is much exasperation among the people of the county against all persons charged with cattle stealing, (being the offence for which defendant was indicted,) owing to the number of larcenies of that description which had been committed, and to the fact that most of the guilty parties had escaped punishment.
1Opinion of the Court
The opinion of the Court was delivered by Mr. Chief Justice Murray.
Mr. Justice Terry concurred.
The only error assigned is, the refusal of the Court to change the place of trial, upon the defendant’s application.
The exercise of this power has been universally held by this Court to be discretionary, and subject to review in case of a gross abuse of discretion. Where such an order is assigned as error, a clear case must be shown on the record, as every intendment is in favor of the Court below.
The Attorney General assumes in his argument, that this rule has been altered by the decision of this…
2Cited by8 opinions
- Broder v. ConklinCalifornia Supreme Court · 1888
- People v. ElliottCalifornia Supreme Court · 1889
- People v. CongletonCalifornia Supreme Court · 1872
- Levy v. RylandNevada Supreme Court · 1910
- Avila v. MeHerinCalifornia Supreme Court · 1886
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