Change in Place or Mode of Trial

A change of the place of trial of an alleged offense after its commission is not an ex post facto law. If no place of trial was provided when the offense was committed, Congress may designate the place of trial thereafter.1947 A law that alters the rule of evidence to permit a person to be convicted upon less or different evidence than was required when the offense was committed is invalid,1948 but a statute that simply enlarges the class of persons who may be competent to testify in criminal cases is not ex post facto as applied to a prosecution for a crime committed prior to its passage.1949

Footnotes

1947
Cook v. United States, 138 U.S. 157, 183 (1891). [Back to text]
1948
Calder v. Bull, 3 U.S. (3 Dall.) 386, 390 (1798). [Back to text]
1949
Hopt v. Utah, 110 U.S. 574, 589 (1884). [Back to text]