Goumas v. State, 21787.
Decision Date | 08 October 1931 |
Docket Number | No. 21787.,21787. |
Citation | 44 Ga.App. 210,160 S.E. 682 |
Parties | GOUMAS v. STATE. |
Court | Georgia Court of Appeals |
Syllabus by Editorial Staff.
Error from Superior Court, Cobb County; J. H. Hawkins, Judge.
Proceeding by the State against George Goumas, in which defendant brings error. Affirmed.
Augustus F. Lee, of Atlanta, for plaintiff in error.
Geo. D. Anderson, Sol. Gen., of Marietta, for the State.
Syllabus Opinion by the Court
1. "A motion for change of venue, though sworn to, is not evidence on the trial of the issues raised by the motion, unless it is formally introduced in evidence" Rawlings v. State, 33 Ga. App. 825, 127 S. E. 881.
2. Broxton v. State, 24 Ga. App. 31 (1), 99 S. E. 635, and cases cited.
3. "Where an application is made, by one accused of crime for a change of venue on the ground that an impartial jury cannot be obtained, the law devolves on the trial judge the duty and responsibility of making an examination and informing himself of the truth of the averments in the application; and where, after hearing evidence, the trial court is satisfied that a fair and impartial jury may be had in the county where the crime is alleged to have been committed, this court will not reverse his judgment refusing to change the venue, unless it is made to appear that there has been an abuse of discrel
tion." Coleman v. State, 141 Ga. 737, 82 S. E. 227; Best v. State, 26 Ga. App. 671 (1), 107 S. E. 266.
4. The motion in the instant case was based upon the grounds that there was a probability or danger of lynching or other violence being done to the petitioner, and that an...
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Ledford v. State
...venue on this ground will not be reversed unless manifestly erroneous. Broxton v. State, 24 Ga.App. 31(1), 99 S.E. 635; Goumas v. State, 44 Ga.App. 210, 160 S.E. 682; Griffin v. State, 59 Ga.App. 333, 1 S.E.2d 41; Robinson v. State, 86 Ga.App. 375(5), 71 S.E.2d 677; Code § 27-1201. On the o......
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English v. State, 33235
...to change the venue will not be reversed unless manifestly erroneous.' Broxton v. State, 24 Ga.App. 31, 99 S.E. 635; Goumas v. State, 44 Ga.App. 210, 160 S.E. 682.' See also Barronton v. State, 80 Ga.App. 44, 55 S.E.2d 252; Garrett v. State, 80 Ga.App. 118, 55 S.E.2d 672. The action of the ......
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Blevins v. State
...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. 3......
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Barronton v. State, 32717.
...to change the venue will not be reversed unless manifestly erroneous.' Broxton v. State, 24 Ga.App. 31, 99 S.E. 635; Goumas v. State, 44 Ga.App. 210, 160 S.E. 682." The action of the trial judge in denying the motion for change of venue, under the contradictory evidence adduced, was not rev......