138 Ky. 644 | Ky. Ct. App. | 1910
Opinion of the Court by
Tbe petitioner, Grover C. Fisb, a resident of Madison county, was indicted by tbe grand jury of that
We will not enter upon a discussion of the evidence. It was very conflicting, but, as said in Com
We are not prepared to say that -the granting of the change of venue of this case by the respondent was an abuse of discretion, and, unless satisfied that such was the case, interference upon our part with his action in that matter would be unwarranted.
We cannot concur in the petitioner’s contention that the respondent before granting a change of venue should have attempted to secure a jury from Madison county to -try him, and that his failure to make such effort was a violation of the defendant’s rights under section 11 of the Bill of Rights ofthe State Constitution. The statute providing for a
But, beyond all that we have said, it has been uniformly held by this court that it will not exercise the power given it by section 110, Const., to control subordinate courts in matters like this where the party asking its interposition has some other adequate remedy; the latest decision of the court to that effect being found in the case of Rush v. Denhardt, 127 S. W. 785. 139 Ky. —. The petitioner will have the right of appeal should the case go against him upon • final trial in the circuit court of the county to which it is to be removed, which will afford him an adequate remedy, if it should result that the respondent committed an error in changing the venue of this case to Jessamine county.
For the reasons given, the writ of prohibition is refused.