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81 Ga. App. 840

Frazier v. State

Court of Appeals of Georgia

Decided June 7, 1950

Court of Appeals of Georgia · decided 1950-06-07

Cited by 2 later decisions — most recently January 1963

2 state decisions

Relies on 80 Ga. App. 268 - Pinkston v. State · 22 Ga. App. 136 - Nix v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1950-06-07

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Townsend, J.

¶1On 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.

¶2Judgment affirmed.

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