State v. Greer

Citations

• 22 W. Va. 800
• 1883 W. Va. LEXIS 102

Syllabus

<p>1. It is the right of the prisoner in a criminal case to be tried in the county, where the alleged offence was committed; a right, which the State cannot take from him. (p. 805.)</p> <p>2. But on the prisoner’s petition, and for good 'cause shown, he may have the venue changed to some other county, (p. 805.)</p> <p>3. The burden is oil the prisoner to show to the satisfaction of the court, good cause to have the trial of the case removed ; and such canse must exist at the time the application is made, (p. 805.)</p> <p>.4. Where a prisoner indicted for murder showed, that the sheriff of the county was against him and wrote a letter calculated to prejudice him, which was published in a newspaper printed and circulated in the prisoner’s county, and great excitement was shown to exist, and ten months after the homicide threats of lynching him wore made by a mob, the most of whom lived in or near the county-seat, where he would have to be tried. Het.d :</p> <p>Good cause was shown for a change of venue, (p. 808.)</p> <p>5. In empanelling a jury in a capital case a proposed juror'examined on his voir dire, who in answer to a question propounded by the court says, he has conscientious scruples against inflicting the death-penalty, is incompetent and is properly rejected by the court, although he says he will be governed by the law and the evidence, (p. 809.)</p> <p>6. Since our statute gives a jury a discretion, when they find a prisoner guilty of murder in the first degree, to say he shall be punished by imprisonment in the penitentiary, it is more important to the State, that juries should have no conscientious scruples against inflicting the death penalty, (p. 809.)</p> <p>7. Proceeding in a trial in the absence of the prisoner in a felony case is fatal to the verdict. It is absolutely necessary, that the prisoner shall be present in court, when anything is done in his case in any way affecting his interest, (p. 811.) .</p> <p>8. Where in a murder-trial the State pro