Yancey v. State

Gardner, Presiding Judge.

Since -the State neither filed an answer to the petition for change of venue nor introduced any evidence, this case resolves itself into a question of law, there being no conflicting facts upon which the discretion of the trial court might operate, and the only issue is whether the defendant’s case as presented brings him within the statutory provisions for change of venue. In 22 C.J.S. 300, Criminal Law, § 187, it is stated: “Subject to constitutional restrictions, the right to a change of venue in criminal cases and the extent and manner of exercising such right are…