People v. Goldenson

Citations

• 76 Cal. 328
• 19 P. 161
• 1888 Cal. LEXIS 888

Syllabus

<p>Criminal Law — Homicide — Change of Vende—Discretion — Appeal. — It is ground, for a change of the place of trial of a prisoner accused of homicide when, at the time of trial, the public mind is wrought into frenzy against the accused, and the public press sustains enraged citizens in unlawful attempts to overcome the officers of the law, whose superior force alone prevents mob execution. But where such facts existed only during a few days after the homicide, and the public excitement does not prevail at the time of the application for change of venue, the application is addressed to the sound discretion of the court; and the appellate court will not interfere unless the record shows a clear case of abuse of discretion.</p> <p>Id. — Conditional Order Refusing Change of Venue. — If a motion for change of venue on the ground that a fair and impartial trial cannot be had is denied conditionally or temporarily, with leave to renew the application, and a jury is not impaneled until after the lapse of a time, during which great changes might occur in public opinion touching the guilt of the defendant, it is the duty of the defense to renew the application at the time suggested by the court, and if it is not renewed, the order denying the application will not be disturbed.</p> <p>Id.—Continuance—Proof of Insanity—Appeal—Error without Prejudice. — The absence of depositions to prove insanity of the defendant’s grandfather upon a trial for homicide is not a ground on which an order denying a continuance will he reversed, when the record on the appeal shows that the fact of such insanity was not denied, but was established by uncontroverted evidence, so that the defendant could not have been prejudiced by the absence of the depositions.</p> <p>Id. — Absence of Attorney. — The absence of one of the defendant’s counsel, who is engaged in trying a civil case in which he- became employed after the criminal case had been set for trial, is no ground of continuance. Absence of an