Frazier v. State

Court of Appeals of Georgia

Frazier v. State

60 S.E.2d 253, 81 Ga. App. 840, 1950 Ga. App. LEXIS 1010

CourtCourt of Appeals of Georgia

DecidedJune 7, 1950

Docket33057

StatusPublished

Cited by2 cases

This text of 60 S.E.2d 253 (Frazier 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

Frazier v. State, 60 S.E.2d 253, 81 Ga. App. 840, 1950 Ga. App. LEXIS 1010 (Ga. Ct. App. 1950).

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Opinion

Townsend, J.

On motion for change of venue the presiding judge must primarily pass upon the question of fact as to whether it is reasonably shown that there is danger of mob violence. The reviewing court will not reverse his finding upon conflicting evidence unless the evidence when construed as a whole shows such probability of danger of violence to the defendant as to make it mandatory upon the trial judge to change the venue. Nix v. State, 22 Ga. App. 136 (95 S. E. 534); Pinkston v. State, 80 Ga. App. 268 (55 S. E. 2d, 877). The evidence here is not sufficient to require a reversal of the judgment of the trial court denying the motion.

Judgment affirmed.

MacIntyre, P.J., and Gardner, J., concur.

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Townsend, J.

On motion for change of venue the presiding judge must primarily pass upon the question of fact as to whether it is reasonably shown that there is danger of mob violence. The reviewing court will not reverse his finding upon conflicting evidence unless the evidence when construed as a whole shows such probability of danger of violence to the defendant as to make it mandatory upon the trial judge to change the venue. Nix v. State, 22 Ga. App. 136 (95 S. E. 534); Pinkston v. State, 80 Ga. App. 268 (55 S. E. 2d, 877). The evidence here is not sufficient to require a reversal of the judgment of the trial court denying the motion.

Judgment affirmed.

MacIntyre, P.J., and Gardner, J., concur.

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Bluebook (online)

60 S.E.2d 253, 81 Ga. App. 840, 1950 Ga. App. LEXIS 1010, Counsel Stack Legal Research, https://law.counselstack.com/opinion/frazier-v-state-gactapp-1950.

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