People v. Lee

Bryan, J., concurred.

On the trial of this cause in the Court below, which was an indictment for murder, the prisoner filed an application for a change of venue, based on his affidavit.

The power to grant a change of venue has heretofore been considered discretionary upon the part of the Court below, and we have always refused to supervise it except in extreme cases. This rule, however, has been materially altered by the Act of May 15, 1854, “ Amendatory of an Act to regulate proceedings in Courts of Justice,” by the 33d section of which an appeal is given in this case. So that having a…