(Download) "State v. Porth" by Court of Appeals of New York * Book PDF Kindle ePub Free
eBook details
- Title: State v. Porth
- Author : Court of Appeals of New York
- Release Date : January 03, 1967
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 52 KB
Description
Before pleading to the indictment the defendant filed a written, duly verified motion requesting, in the alternative, that the cause be removed to, or that a jury be drawn from, another county as contemplated by G.S. 1-84 and G.S. 1-86. In support of the motion the defendant offered 25 affidavits, in each of which a citizen of the county stated that in his opinion, because of the widespread discussion and unfavorable publicity, the defendant could not obtain a fair trial in Forsyth County. The State filed approximately an equal number of affidavits and called four witnesses, each expressing the opinion a fair and impartial jury could be obtained in the county. Judge Shaw conducted a hearing on the motion, read all the affidavits, examined the press releases, and heard the witnesses. At the conclusion of the hearing he found that a fair and impartial jury could be obtained from Forsyth County and denied the motion. The evidence was sufficient to support the finding and called for the exercise of the courts discretion. Failure to exercise the discretion properly is not disclosed. State v. Childs, ante 307; Irvin v. Dowd, 366 U.S. 717; Reynolds v. U.S., 98 U.S. 145; State v. McKethan, ante 81; State v. Scales, 242 N.C. 400, 87 S.E.2d 916; State v. Culberson, 228 N.C. 615, 46 S.E.2d 647; State v. Lea, 203 N.C. 13, 164 S.E. 737.
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