Crane v. State, 36214
| Citation | 94 Ga.App. 63,93 S.E.2d 667 |
| Decision Date | 11 May 1956 |
| Docket Number | No. 36214,No. 2,36214,2 |
| Parties | Paul CRANE v. The STATE |
| Court | United States Court of Appeals (Georgia) |
Painter & Cain, D. L. Lomenick, Jr., Joe J. Wild, Jr., Rossville, for plaintiff in error.
Earl B. Self, Sol. Gen., Summerville, for defendant in error.
Syllabus Opinion by the Court.
1. An exception to the denial of a petition for a change of venue based upon the ground 'that a fair and impartial jury cannot be obtained in Dade County' is no ground for a direct bill of exceptions where there has been no trial of the defendant or final judgment thereon. Coleman v. George, 140 Ga. 619(2), 79 S.E. 543; Anderson v. State, 190 Ga. 455(2), 9 S.E.2d 642; McCullough v. Searcy, 45 Ga.App. 841, 166 S.E. 372; Etchison v. State, 59 Ga.App. 876, 2 S.E.2d 673. The assignment of error upon that ground in the present bill of exceptions will not now be considered.
2. Under Code, § 27-1201, it is the duty of the trial judge, upon his own motion or upon it being shown at a hearing on a motion for change of venue, 'that there is probability or danger of lynching, or other violence' to grant a change of venue. This provision is mandatory. Johns v. State, 47 Ga.App. 58, 64, 169 S.E. 688; Graham v. State, 141 Ga. 812, 817, 82 S.E. 282. While it is mandatory upon the judge to whom a petition for a change of venue is presented in behalf of the defendant in a criminal case, 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 is in conflict or based upon opinion evidence without specific facts or acts upon which to base a judgment changing the venue, a judgment denying the defendant's motion for such change will not be reversed. Broxton v. State, 24 Ga.App. 31, 99 S.E. 635; Goumas v. State, 44 Ga.App. 210, 160 S.E. 682; Barronton v. State, 80 Ga.App. 44, 55 S.E.2d 252; Garrett v. State, 80 Ga.App. 118, 55 S.E.2d 672; English v. State, 82 Ga.App. 351, 61 S.E.2d 152.
3. Under an application of the rules of law stated in the foregoing division, the trial court's action in denying the motion for a change of venue is not reversible error. The evidence adduced upon the hearing dealt almost entirely with...
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Ledford v. State
...the defendant, and even though such ground had been ruled upon at the time the direct bill of exceptions was brought. See Crane v. State, 94 Ga.App. 63, 93 S.E.2d 667; McGruder v. State, 96 Ga.App. 874, 102 S.E.2d 54; Spires v. State, 85 Ga.App. 241, 68 S.E.2d 622; Ferguson v. State, 104 Ga......
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Ferguson v. State, 38986
...45 Ga.App. 841, 166 S.E. 372; Etchison v. State, 59 Ga.App. 876, 2 S.E.2d 673. Under the rulings of this court in Crane v. State, 94 Ga.App. 63(1), 93 S.E.2d 667, and McGruder v. State, 96 Ga.App. 874(1), 102 S.E.2d 54, this court is without jurisdiction at this time to consider so much of ......
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McGruder v. State
...jurisdiction to consider so much of the exception as complains of the overruling of the first ground of the motion. Crane v. State, 94 Ga.App. 63(1), 93 S.E.2d 667, 668. 2. 'While it is mandatory upon the judge to whom a petition for a change of venue is presented in behalf of the defendant......