55 S.E.2d 252 | Ga. Ct. App. | 1949
Where, as here, the evidence on the question of a change of venue is in conflict, the judgment of the trial court denying the defendant's motion will not be reversed, it otherwise appearing to be without error, *45 and it not appearing to constitute an abuse of the discretion of the trial court.
The defendant's evidence included his sworn petition, alleging that a "vast and untold amount of false, prejudicial, unwarranted and unfounded gossip, rumors and propaganda and such poisonous campaign [had] been carried on for the sole purpose of preventing him from receiving a fair and impartial trial . . that newspapers, radio and other news disseminating agencies are [inflating] any bit of news . . that his wife and daughter were arrested in consequence without legal justification . . that by reason of threats communicated to him . . he believes that he is in imminent danger of mob violence," and other allegations of the same character.
James Barronton's affidavit stated that a fellow prisoner had informed him that "he had heard that if they were tried in Crisp County they would not live to set foot on the ground."
Identical affidavits of ten witnesses stated that there had been much talk that if the defendants "were not speedily tried and convicted, this matter will be taken in hand by the aggrieved parties." Certain newspaper accounts of the shooting were also introduced, none of which showed any particular animus in the matter.
For the State, the sheriff testified that he had heard nothing of any poisonous campaign or gossip-mongering against the man, that the general public appeared to have no prejudice, and that he was convinced a fair trial could be had. This testimony was corroborated by the chief of police, a member of the Georgia *46 Bureau of Investigation, and numerous business men and residents of the county.
After hearing the evidence, the trial judge overruled the motion for change of venue, which ruling is assigned as error.
In Griffin
v. State,
The action of the trial judge in denying the motion for change of venue, under the contradictory evidence adduced, was not reversible error.
Judgment affirmed. MacIntyre, P. J., and Gardner, J., concur. *47