Geer v. State

• Decision Date: 14 September 1936
• Docket Number: 25762.
• Citation: 187 S.E. 601,54 Ga.App. 216
• Parties: GEER v. STATE.
• Court: Georgia Court of Appeals

187 S.E. 601

54 Ga.App. 216

GEER v. STATE.

No. 25762.

Court of Appeals of Georgia, First Division

September 14, 1936

Syllabus by Editorial Staff.

If there is greater weight of evidence in support of petition for change of venue on ground of probability or danger of lynching or other violence, than to the contrary, and if evidence inclines mind to belief, but leaves some room for doubt, and yet is sufficient to incline reasonable and impartial mind to movant's side of issue, motion for change of venue should be granted (Code 1933, § 27-1201).

In determining whether trial court erred in acting on motion for change of venue, question is whether it manifestly appears to Court of Appeal that lower court erred in judgment under evidence (Code 1933, § 27-1201).

Presiding judge must primarily pass upon questions of fact as to whether it is reasonably shown that there is such probability or danger of lynching or other violence to require change of venue, and Court of Appeals will not reverse finding on conflicting evidence unless manifestly erroneous.

Error from Superior Court, Miller County; C. W. Worrill, Judge.

W. I Geer brings error to review a judgment denying his motion for a change of venue.

Reversed.

BROYLES C.J., dissenting.

Clifford E. Hay, of Thomasville, and P. Z. Geer, of Colquitt, for plaintiff in error.

R. A Patterson, Sol. Gen., of Cuthbert, and Hooper & Hooper, of Atlanta, for the State.

Syllabus OPINION.

PER CURIAM.

Where the ground of a motion seeking a change of venue is that there is a probability or danger of lynching or other violence, the rule in the superior court for determining whether the venue shall be changed is that "If the evidence submitted shall reasonably show that there is probability or danger of lynching, or other violence, then it shall be mandatory on said judge to change the venue." Code, § 27-1201. "In legal effect, it means that if there is a greater weight of evidence in support of the petition for a change of venue than to the contrary, if the evidence inclines the mind to belief but leaves some room for doubt, and yet is sufficient to incline a reasonable and impartial mind to movant's side of the issue rather than to the other, the motion for change of venue should be granted. It does not mean that the judge's mind shall be free from uncertainty and doubt." Johns v State, 47 Ga.App. 58, 64, 169 S.E. 688, 691. The rule in this court for...