12 Wend. 203
Decided August 21, 1834
New York Supreme Court · decided 1834-08-21
Motion to change the venue on the ground of excitement prevailing in the county where the venue is laid. There had already been two trials in the cause and no verdict, the juries not being able to agree.
Good law ✅— No negative treatment on recordhow we know
Decided 1834-08-21
Cited by 10 later decisions — most recently October 1930
10 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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¶1By the Court,
¶2This case comes directly within the principle stated by Mr. Justice Marcy, in Bowman v. Ely, 2 Wendell, 250, as that which should govern in applications of this kind. When it is found by actual experiment that a fair trial, or, as in this case, no trial can be had in the county where the venue is laid, the motion, on the ground relied on in this case, will be granted ; but otherwise not.
¶3Motion granted.