Ellis v. State

Court of Appeals of Georgia

Ellis v. State

198 S.E. 121, 58 Ga. App. 110, 1938 Ga. App. LEXIS 198

CourtCourt of Appeals of Georgia

DecidedJune 28, 1938

Docket27066

StatusPublished

Cited by2 cases

This text of 198 S.E. 121 (Ellis v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ellis v. State, 198 S.E. 121, 58 Ga. App. 110, 1938 Ga. App. LEXIS 198 (Ga. Ct. App. 1938).

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Opinion

Broyles, C. J.

The accused was indicted for the offense of murder. He made a motion for change of venue, on the ground that he could not obtain an impartial jury in Laurens County (wherein the offense charged was alleged to have been committed); and also on the ground [111]*111that if acquitted of such offense, or if convicted of a lesser crime, he would he in danger of mob violence. Upon the hearing of the motion the evidence introduced amply authorized the judge to find that a fair and impartial jury could be had by the accused in Laurens County, and that there was no probability or danger of mob violence. It follows that the judge did not abuse his discretion in denying the motion. Rawlings v. State, 33 Ga. App. 825. (127 S. E. 881), and cit.

Decided June 28, 1938. J. B. Burch, Bmory 8. Baldwin Jr., for plaintiff in error. J..Boy Rowland, solicitor-general, R. Bari Camp, L. F. Watson, contra.

Judgment affirmed.

MacIntyre and Guerry, JJ., concur.

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Broyles, C. J.

The accused was indicted for the offense of murder. He made a motion for change of venue, on the ground that he could not obtain an impartial jury in Laurens County (wherein the offense charged was alleged to have been committed); and also on the ground [111]*111that if acquitted of such offense, or if convicted of a lesser crime, he would he in danger of mob violence. Upon the hearing of the motion the evidence introduced amply authorized the judge to find that a fair and impartial jury could be had by the accused in Laurens County, and that there was no probability or danger of mob violence. It follows that the judge did not abuse his discretion in denying the motion. Rawlings v. State, 33 Ga. App. 825. (127 S. E. 881), and cit.

Decided June 28, 1938. J. B. Burch, Bmory 8. Baldwin Jr., for plaintiff in error. J..Boy Rowland, solicitor-general, R. Bari Camp, L. F. Watson, contra.

Judgment affirmed.

MacIntyre and Guerry, JJ., concur.

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Bluebook (online)

198 S.E. 121, 58 Ga. App. 110, 1938 Ga. App. LEXIS 198, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ellis-v-state-gactapp-1938.

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