Section 8.26 What Constitutes Prejudice
| Library | Criminal Practice 2012 Supp |
G. (§8.26) What Constitutes Prejudice
If the defendant cannot receive a fair trial because the minds of the inhabitants of the county where the cause is to be tried are so prejudiced against the defendant or the state has an undue influence over the inhabitants of the county, a change of venue may be granted. Section 545.430, RSMo 2000; Rule 32.04. It is not sufficient that the members of the community are prejudiced against the cause of the applicant; the prejudice must be against the defendant. Charlotte v. Chouteau, 33 Mo. 194 (1862); see also State v. Holt, 603 S.W.2d 698...
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