McGruder v. State
Decision Date | 20 January 1958 |
Docket Number | No. 2,No. 36996,36996,2 |
Citation | 102 S.E.2d 54,96 Ga.App. 874 |
Parties | Albert McGRUDER v. The STATE |
Court | Georgia Court of Appeals |
Grace W. Thomas, Ruby Poole, Atlanta, for plaintiff in error.
John H. Land, Sol. Gen., Columbus, for defendant in error.
Syllabus Opinion by the Court.
1. Where one charged with the offense of robbery by force made a motion for a change of venue under the provisions of Code, § 27-1201 on the grounds that 'Because of inflamed and prejudiced public opinion in Marion County, defendant cannot obtain a fair and impartial trial in Marion County', and, 'Because if defendant were acquitted, or even escaped the death penalty, he would be in danger of having mob violence committed on him by persons prejudiced against him'; and, where, at the conclusion of the evidence introduced on the trial of the issues raised by the motion, the court orally overruled the motion; and, where, there having been no trial of the case, counsel for the defendant thereafter prepared and tendered to the trial judge a bill of exceptions simply assigning error on the judgment overruling the motion for a change of venue, this court is without 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.
3. In the instant case, while there might have been some slight intimation on the part of one or two of the witnesses that the defendant was in danger of...
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