(Download) "Mcgraff v. Mcgillvray" by Supreme Court of Montana * eBook PDF Kindle ePub Free
eBook details
- Title: Mcgraff v. Mcgillvray
- Author : Supreme Court of Montana
- Release Date : January 09, 1959
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
VENUE ? CRIMINAL LAW ? APPEAL AND ERROR ? MURDER. 1. Venue ? Change of venue discretionary. Matter of granting or refusing motion for change of venue rests in sound discretion of trial court, and its decision will be disturbed only when it appears that trial court has abused its discretion. 2. Appeal and Error ? Effect of conflict of evidence on change of venue. When evidence relating to vital issue of whether a fair trial may be had in county within meaning of statute dealing with change of venue is conflicting, there is ordinarily no basis for a finding that trial court abused its discretion in denying motion for change of venue. 3. Venue ? No abuse of discretion in denying motion for change of venue. In wrongful death action in behalf of heirs of deceased murder victim against executor of estate of deceased testator, who was killed by posse looking for killer of murder victim, trial court did not abuse its discretion in denying executors motion for change of venue, on ground that an impartial trial could not be had in the county, where, if there was any evidence that executor could not have a fair trial, there was at least as much evidence the other way. 4. Venue ? Renewal of motion for change of venue. Where order denying motion of defendant for change of venue, on ground that defendant would not receive an impartial trial in the county, was affirmed by Supreme Court on appeal, but two members of the Supreme Court thought that the motion should have been granted, defendant would be permitted to renew his motion for change of venue if it should develop that a fair and impartial jury could not be obtained.