Broxton v. State
| Decision Date | 14 June 1919 |
| Docket Number | 10616. |
| Citation | 99 S.E. 635,24 Ga.App. 31 |
| Parties | BROXTON et al. v. STATE. |
| Court | Georgia Court of Appeals |
Syllabus by the Court.
While it is mandatory upon the judge to whom a petition for a change of venue is presented in behalf of a defendant in a criminal case, under the act approved August 21, 1911 (Acts of 1911, p. 76), to change the venue if the evidence submitted should reasonably show that there 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 evidence whether or not such probability or danger of lynching or other violence exists; and, where the evidence upon such issue conflicts, the judgment of the judge denying the defendant's motion to change the venue will not be reversed unless manifestly erroneous. Where the evidence fails to reasonably show the probability or danger of lynching or other violence, it is not error on the part of the judge to refuse to change the 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; Nix v. State, 22 Ga.App. 136. 95 S.E. 534.
Evidence that the defendant would receive a fair and impartial trial in the county wherein the alleged crime was committed was relevant, to throw light upon the state of the public mind and the consequent probability or danger of lynching or other violence.
The judge did not err in refusing to change the venue as prayed for.
Error from Superior Court, Ware County; J. I. Summerall, Judge.
Fernando Broxton and others were charged with an offense, their petition for change of venue was refused, and from the judgment they bring error. Affirmed.
Dickerson & Kelley, of Douglas, and Parker & Parker, of Waycross, for plaintiffs in error.
A. B. Spence, Sol. Gen., and Wilson & Bennett, all of Waycross for the State.
Judgment affirmed.
To continue reading
Request your trial
-
Coggeshall v. State, (No. 16352.)
...or danger of lynching or other violence, it is not error on the part of the judge to refuse to change the venue.' Broxton v. State, 24 Ga. App. 31 (1), 99 S. E. 635, and cases cited." Wilson v. State, 28 Ga. App. 574 (1), 112 S. E. 295. 2. " "Where an application is made by one accused of c......
-
Coggeshall v. State
... ... defendant's motion to change the venue will not be ... reversed, unless manifestly erroneous. Where the evidence ... fails to reasonably show the probability or danger of ... lynching or other violence, it is not error on the part of ... the judge to refuse to change the venue.' Broxton v ... State, 24 Ga.App. 31 (1), 99 S.E. 635, and cases ... cited." Wilson v. State, 28 Ga.App. 574 (1), ... 112 S.E. 295 ... 2 ... " 'Where an application is made by one accused of ... crime for a change of venue on the ground that an impartial ... jury cannot be ... ...
-
Grenoble v. State, 20670.
...or danger of lynching or other violence, it is not error on the part of the judge to refuse to change the venue." Broxton v. State, 24 Ga. App. 31 (1), 99 S. E. 635, and cases cited. Wilson v. State, supra." The principles announced above are controlling in this case, and the judge did not ......
-
Rawlings v. State
...or danger of lynching or other violence, it is not error on the part of the judge to refuse to change the venue.' Broxton v. State, 24 Ga. App. 31 (1), (99 S. E. 635), and cases cited." Wilson v. State, supra. 4. The rulings quoted in paragraphs 2 and 3, above, are firmly established as the......