State v. Wofford
| Decision Date | 16 January 1894 |
| Citation | 24 S.W. 1009,119 Mo. 408 |
| Parties | STATE ex rel. COTTRELL v. WOFFORD, Judge. |
| Court | Missouri Supreme Court |
A. S. Lyman, for relator.
The relator was indicted at the September term, 1893, of the Jackson criminal court, for the crime of forgery. He was arraigned at that term, and pleaded not guilty, and the cause, owing to lack of time to try it, was continued to the January term, 1894, when relator presented his application for a change of venue, based on the alleged prejudice of the inhabitants of Jackson county against him, so that, etc. In his application he also alleged that the minds of the inhabitants of the counties of Platte, Clay, Clinton, Ray, Buchanan, Lafayette, Saline, Johnson, Cass, Bates, Henry, Pettis, and Carroll were also so prejudiced against him that, etc. On the hearing of the application, the judge of the criminal court granted the change of venue, but refused to order the cause to be transferred to some other county than the 13 counties mentioned in the application. On the contrary, he declared his intention of sending the cause to one of the counties mentioned in the application, to wit, the county of Clay. Thereupon relator comes before this court, and seeks to compel the judge of the criminal court to award a change of venue to some other county than those mentioned in his application.
The statutory provisions on this subject, so far as necessary to quote them, are as follows: "Whenever it shall appear, in the manner hereinafter provided, that the inhabitants of an entire circuit are so prejudiced against the defendant that a fair trial cannot be had therein, the cause shall, by order of the court or judge thereof, be removed to another...
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State v. Barrington
...144 Mo. 31, 45 S. W. 1090; State v. Thompson, 141 Mo. 408, 42 S. W. 949; State v. Sanders, 106 Mo. 188, 17 S. W. 223; State ex rel. v. Wofford, 119 Mo. 408, 24 S. W. 1009. It is made manifest from the disclosures of the record in this cause that the right of the defendant to a change of ven......
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State ex rel. Kansas City Pub. Serv. Co. v. Waltner, 37566.
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