26 Ga. App. 435 | Ga. Ct. App. | 1921
1. Upon tlie bearing of a motion to change the venue in a murder case, upon tlie ground that there is probability or danger of lynching or other violence being done to the petitioner, if the evidence submitted reasonably shows that there is probability or danger of lynching, or other violence, then it is mandatory upon the judge to change the venue to some county in the State where, in his judgment, the petitioner can be safely tried. Ga. L. 1911, p. 74; Kennedy v. State, 141 Ga. 314 (80 S. E. 1012); Graham v. State, 141 Ga. 812 (82 S. E. 282); Newman v. State, 143 Ga. 270 (84 S. E. 579); Bivins v. State, 145 Ga. 416 (89 S. E. 370); Marshall v. State, 20 Ga. App. 416 (93 S. E. 98).
2. Under the above ruling and the evidence submitted upon the hearing of the motion to change the venue in the instant case, the court erred in denying the motion.
Judgment reversed.