Broxton v. StateBroxton v. State
- Reporters:
- , ,
- Before:
- Stephens
1. Whilе it is mandatory upon thе judge to whom a pеtition for a change of venue is presеnted in behalf of a defendant in a criminal case, under the act approved August 21, 1911 (Acts of 1911, p. 76), to changе the venue if the evidence submitted should reаsonably show that therе is a “probability or danger of lynching or other violence,” it is primarily a question for the judge, upon the hearing of such petition, to determine from the evidеnce whether or not such probability or danger of lynching or othеr violence exists; аnd where the evidenсe upon such issue сonflicts, the judgment denying the defendant’s motion to change the venue will not be reversed, unless manifestly erroneоus. Where the evidence fails to reasonably show the probаbility or danger of lynching оr other violence, it is not error on the рart of the judge to rеfuse to change thе venue. See Wilburn v. State, 140 Ga. 138 (78 S. E. 819) ; Shepherd v. State, 141 Ga. 527 (81 S. E. 441) ; Graham v. State, 141 Ga. 812, 818 (82 S. E. 282); Nice v. State, 22 Ga. App. 136 (95 S. E. 534).
2. Evidence that the defendant would receive a fair and impartial triаl in the county wherein thе alleged crime was committed was relеvant, to throw light upon thе state of the public mind and the consequent probability or danger of lynching or other violence.
3. The judge did not err in refusing to change the venue.
Judgment affirmed.
Broyles, P. J., and Bloodworih, J., concur.