State v. Smith
State v. Smith
Opinion of the Court
Defendant Ray J. Smith was tried on the •charge of perjury and found guilty by the jury. From the trial court’s judgment on the verdict, defendant appealed to this ■court.
Defendant was subpoenaed to testify as a witness before the Davis County Grand Jury that was investigating polygamy. When testifying as a witness, defendant “could not remember” several important things that had happened only one or two days before. The record of defendant’s testimony before the grand jury formed the basis of the perjury charge and subsequent conviction from which defendant now .appeals.
The grand jury investigation received much comment from the newspapers, and there were but few people in the area who were not aware of it. The trial of defendant for perjury was conducted in the same •county in which the grand jury investigation had been held. Defendant alleges that the jurors, in his trial for perjury, were prejudiced because of the publicity that had been given to the polygamy investigation, and that the trial court erred in denying appellant’s motion for continuance and a change of venue.
The cases upon which defendant relies in support of his appeal
It is largely within the trial court’s discretion to grant or to refuse to grant a change of venue.
. Marshall v. United States, 360 U.S. 310, 79 S.Ct. 1171, 3 L.Ed.2d 1200; Griffin et al. v. United States, 3 Cir., 1924, 295 F. 437; United States v. Montgomery, D.C.N.Y.1930, 42 F.2d 254; United States v. Ogden, D.C.Pa.1900, 105 F. 371; Meyer et al. v. Cadwalader, C.C.Pa.l891, 49 F. 32; State v. Claypool, 135 Wash. 295, 237 P. 730; People v. Wong Loung, 159 Cal. 520, 114 P. 829; People v. Murawski, 394 Ill. 236, 68 N.E.2d 272.
. State v. Green, 86 Utah 192, 40 P.2d 961.
Reference
- Full Case Name
- STATE of Utah, and v. Ray J. SMITH, and
- Cited By
- 1 case
- Status
- Published