(DOWNLOAD) "State West Virginia v. John Patrick" by Supreme Court of Appeals of West Virginia * eBook PDF Kindle ePub Free

April 11, 2021

eBook details

Title: State West Virginia v. John Patrick
Author : Supreme Court of Appeals of West Virginia
Release Date : January 18, 1985
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 79 KB

Description

1. Even though a majority of individuals surveyed in a county where a prosecution is pending, by way of a questionnaire, indicate that, based upon what they have heard or read, there is existing hostile sentiment in that county but that the defendant would receive a fair trial in that county, before a change of venue shall be granted the circuit court must be satisfied that there exists in the county where the prosecution is pending so great a prejudice against the defendant that he cannot obtain a fair and impartial trial. See W.Va. R. Crim. P. 21(a). 2. To warrant a change of venue in a criminal case, there must be a showing of good cause therefor, the burden of which rests on 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. Point 2, syllabus, State v. Wooldridge, 129 W.Va. 448, 40 S.E.2d 899 (1946).' Syllabus Point 1, State v. Sette, 161 W.Va. 384, 242 S.E.2d 464 (1978). Syl. pt. 1, State v. Zaccagnini, 172 W.Va. 491, 308 S.E.2d 131 (1983).