[DOWNLOAD] "State West Virginia v. Russell E. Lassiter" by Supreme Court of Appeals of West Virginia " eBook PDF Kindle ePub Free
eBook details
- Title: State West Virginia v. Russell E. Lassiter
- Author : Supreme Court of Appeals of West Virginia
- Release Date : January 25, 1987
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 70 KB
Description
1. To warrant a change of venue in a criminal case, there must be a showing of good cause therefor, the burden of which rests upon the defendant, the only person who, in any such case, is entitled to a change of venue. The good cause aforesaid must exist at the time application for a change of venue is made. Whether, on the showing made, a change of venue will be ordered, rests in the sound discretion of the trial court; and its ruling thereon will not be disturbed, unless it clearly appears that the discretion aforesaid has been abused. Syl. pt. 2, State v. Wooldridge, 129 W.Va. 448, 40 S.E.2d 899 (1946). 2. Good cause shown' for change of venue, as the phrase is used in W.Va. Constitution, Article III, Section 14 and W.Va. Code 62-3-13, means proof that a defendant cannot get a fair trial in the county where the offense occurred because of the existence of a locally extensive present hostile sentiment against him. Syl. pt. 1, State v. Pratt, 161 W.Va. 530, 244 S.E.2d 227 (1978).
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