Whenever the judge of any Circuit Court in which an indictment charging the defendant with a felony is pending by change of venue under KRS § 452.230 is satisfied from personal knowledge or from reliable information furnished in court by affidavit or oral testimony that a state of lawlessness sufficient to prevent officers and jurors from discharging their duties no longer exists in the county from which the action was removed, the court shall transfer the action back to the Circuit Court of the county where the indictment was found.
Effective: October 1, 1942

Terms Used In Kentucky Statutes 452.290

  • Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Venue: The geographical location in which a case is tried.

History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky.
Stat. sec. 1120.