State v. Holloway

Citations

• 19 N.M. 528
• 146 P. 1066

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. No alleged errors, unless they are jurisdictional, will be considered, except those which are set out in the motion fora new trial. P. 532</p> <p>2. The common law rule upon the right to a trial by jury-of the visne or neighborhood, if that be the rule in its strictest sense, has been long modified by legislation permitting-a change of venue where an impartial jury was not obtainable in the county where the alleged crime was committed.</p> <p>P. 542</p> <p>3. Where a trial by an impartial jury can be secured in the county where the crime is committed, the accused can not be deprived of a trial there, even under the sanction of our legislation upon the subject of change of venue.</p> <p>P. 543</p> <p>4. The constitutional guaranty of a speedy public trial by an impartial jury of the county or district in which the offense is alleged to have been committed, is not of a right to be tried in the county, but in the county or district in which the offense is alleged to have been committed, if an impartial jury can be secured therein.</p> <p>P. 545</p> <p>5. The power conferred upon district courts by this statute is one which ought to be exercised with great care and deliberation; and a change of venue, on behalf of the people, should be made only after a showing, which convinces the court that public sentiment is in such a state as to render-improbable a fair and impartial trial.</p> <p>P. 546</p> <p>6. Held: By Sec. 26, of Chap. 57, Laws of 1907, it is provided that the stenographer shall file the transcript of testimony with the clerk of the court in which the action was; tried, and thereupon either party may give five days notice to the opposite party of his intention to apply to the judge to have the transcript signed and sealed as a bill of exceptions.</p> <p>P. 548</p> <p>7. The facts urged in support of a motion for a new trial upon the ground that the jury was allowed to separate, unsupported by proof of such facts by affidavit