Fitzgerald v. People
Supreme Court of Colorado
Error to District Court, Arapahoe County. Indictment for murder upon which the prisoner was found guilty. The counties of Weld and Douglas were attached to the county of Arapahoe for judicial purposes. Previous to the trial in the court below, the prisoner moved for a change of venue, upon a petition setting up that the inhabitants of Arapahoe county were prejudiced against him, but no mention of the counties of Douglas and Weld was made in this petition.
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Error to District Court, Arapahoe County. Indictment for murder upon which the prisoner was found guilty. The counties of Weld and Douglas were attached to the county of Arapahoe for judicial purposes. Previous to the trial in the court below, the prisoner moved for a change of venue, upon a petition setting up that the inhabitants of Arapahoe county were prejudiced against him, but no mention of the counties of Douglas and Weld was made in this petition. The motion was denied, and the prisoner then filed an amended petition, in which he alleged that the inhabitants of all the counties above…
1Opinion of the CourtEyster, J.
(after stating the facts). On his first assignment of error the plaintiff avers that there was error in the refusal of the court below to allow him a change of venue on his first petition and affidavit. Upon an e~iramina.ti.on of his petition, we find, that he sets out only, that there is such a prejudice in the minds of the people of Arapahoe County against him, that he cannot there expect a fair and impartial trial. If there had been then no other counties attached to Arapahoe county for judicial purposes; this petition and affidavit would have been sufficient, and it would have been error…
2Cited by5 opinions
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