Opinion
01-01-1817
The Commonwealth v. Joseph Wildy
Adjourned Case from Northumberland. The prisoner was Indicted for Arson. He applied to the Court to change the venue to some other Court in the same Circuit. He made affidavit that in consequence of the prejudices generally prevailing against him, he could not have a fair, and impartial trial in that county. The Court deeming the cause sufficient, but doubting its power to make such order, adjourned the question to this Court, whether it could change the venue in a Case of Felony.
OPINION
Per Curiam.
"The Court is unanimously of opinion, that the Superior Court has no power to change the venue in any Case of Treason or Felony."
Note (in edition of 1853). --Since these decisions were made, the Law has been changed, and the venue may now be changed in any Case of Treason, or Felony, under certain regulations, and in Case of Misdemesnors. See 1 Rev. Code of 1819, ch. 169, § 9 and 15.