State v. Malone
| Decision Date | 03 April 1969 |
| Docket Number | No. 40321,40321 |
| Court | Washington Supreme Court |
| Parties | The STATE of Washington, Respondent, v. Jean Bennie MALONE, Appellant. |
James S. Hogan, Union Gap, for appellant.
Lincoln E. Shropshire, Pros. Atty., Yakima, Donald R. Shaw, Deputy Pros. Atty., for respondent.
On April 2, 1968, appellant was convicted by a jury on each of three counts of unlawfully selling narcotics in Yakima County, Washington. He appeals.
The sole assignment of error is directed to the pre-trial denial of appellant's motion for a change of venue from Yakima County. Briefly, the background facts giving rise to appellant's request for a change of venue can be stated in the following manner:
During the late months of 1967 a deputy sheriff for Yakima County was assigned as an undercover agent to investigate alleged traffic in narcotic drugs in the city of Toppenish, Yakima County. During the course of his investigation he made three purchases of marijuana from appellant, two of which were consummated at appellant's residence. Based upon these purchases a warrant of arrest for appellant and a search warrant authorizing a search of his residence were obtained on December 30, 1967.
Prior to executing the warrants, the sheriff's department of Yakima County invited representatives of the news media to accompany and observe the officers during the course of their arrest and search activities. Only members of the news staffs of the two local television stations serving the Yakima County area accepted the invitation. During the course of appellant's arrest and the search of his residence, which took place in the early morning hours of December 31, 1967, news pictures were taken of the proceedings. Some of the pictures were, in turn, telecast on the evening and late evening news programs of January 2, 1968, the day appellant was first arraigned before the court.
On January 3, 1968, counsel for appellant filed the motion for change of venue, asserting that the telecasts so prejudiced appellant that he could not receive a fair trial in Yakima County. This motion was denied by order of the trial court on January 26, 1968, and, following appellant's plea of not guilty to an amended information, trial was set for and held on April 2, 1968.
A motion for a change of venue in a criminal case is directed to the sound discretion of the trial court, and its decision with respect thereto will not be disturbed on appeal, absent a...
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State v. Laureano
...a convincing showing of an abuse of discretion." State v. Stiltner, 80 Wash.2d at 52, 491 P.2d 1043 (quoting State v. Malone, 75 Wash.2d 612, 614, 452 P.2d 963 (1969)). Defendant here failed to show that the trial court abused its While defendant's due process rights are not violated merely......
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State v. Wixon
...record, other than the mere existence of publicity concerning the case, which indicates he may have been prejudiced. State v. Malone, 75 Wash.2d 612, 452 P.2d 963 (1969). No lesser showing ought to be required when a defendant contends his jury should have been sequestered. Unless the recor......
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State v. Palmer
...In support of its contention, the state relies upon the rule announced in criminal cases involving change of venue. State v. Malone, 75 Wash.2d 612, 614, 452 P.2d 963 (1969); State v. Palmer, 73 Wash.2d 462, 438 P.2d 876 (1968). We agree that the trial court in the instant case did have dis......
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State v. Haynes
...he could not have obtained an impartial jury. Our traditional role in reviewing a venue decision is defined by State v. Malone, 75 Wash.2d 612, 614, 452 P.2d 963, 964 (1969): A motion for a change of venue in a criminal case is directed to the sound discretion of the trial court, and its de......