People v. Georger
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Eugene A. Georger, from an order of the Supreme Court, made at the Erie Special Term on the 22d day of May, 1905, and -entered in the office of the clerk of the county of Erie, denying the defendant’s motion to' change the ydace of trial of nine indictments against him from the cou’nty.of Erie to some other county.
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Appeal by the defendant, Eugene A. Georger, from an order of the Supreme Court, made at the Erie Special Term on the 22d day of May, 1905, and -entered in the office of the clerk of the county of Erie, denying the defendant’s motion to' change the ydace of trial of nine indictments against him from the cou’nty.of Erie to some other county. On the 14th day of March, 1905, the grand jury of Erie county, found nine indictments against the defendant, seven of which charged him with grand larceny, one with perjury and the other with, having participated in bringing about the alleged fraudulent…
1Opinion of the Court
McLennan, P. J.:
It is elementary that the purpose of the statute referred to. is to secure tó a defendant a fair and impartial trial. It is equally well settled that a motion-of this kind is addressed to the discretion of the justice at Special Term, and that ordinarily his decision will. not be interfered with. It, however, is true that'the appellate: court ’ is charged with the duty of determining from the record -presented to it whether such application should or should' not be. granted. In reaching a conclusion the decision of the judge at Special Term., is entitled to great weight, but…
2Cited by14 opinions
- People v. BrindellAppellate Division of the Supreme Court of the State of New York · 1921
- People v. HydeAppellate Division of the Supreme Court of the State of New York · 1912
- State v. ArnoldMontana Supreme Court · 1929
- People v. JacksonAppellate Division of the Supreme Court of the State of New York · 1906
- People v. HydeNew York Supreme Court · 1912
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