Legal Opinion

Kennedy v. State

Supreme Court of Georgia

Decided February 18, 1914PublishedCited by 13 opinions

Application for change of venue. Before Judge Bawlings. Emanuel superior court. January 17, 1914. Lee Kennedy, against whom an indictment for the offense of murder had been returned by the grand jury of Emanuel county, presented a petition to the judge of the superior court in the circuit which embraces that county, praying for a change of venue to some other county, on the ground of existing danger of mob violence and lynching of the accused.

Read the full summary

Application for change of venue. Before Judge Bawlings. Emanuel superior court. January 17, 1914. Lee Kennedy, against whom an indictment for the offense of murder had been returned by the grand jury of Emanuel county, presented a petition to the judge of the superior court in the circuit which embraces that county, praying for a change of venue to some other county, on the ground of existing danger of mob violence and lynching of the accused. A hearing was had in chambers,- and in support of the petition two affidavits were submitted. They were executed on the day when the petition was…

1Opinion of the CourtAtkinson, J.

The proceeding for change of venue was instituted under the provisions of the act approved August 21, 1911 (Acts 1911, p. 74), relating to the change, of venue in criminal cases. Prior to the approval of this act another had been enacted on the same subject (Acts 1895, p. 70). Penal Code § 964 et seq. In the act of 1895 it is provided that the defendant in any criminal case in the superior court may move by a petition in writing for a change of venue, “whenever in his judgment an impartial jury can not be obtained in the county where the crime was committed;” and if, from the evidence…

2Cases cited1 opinion

  1. Coleman v. GeorgeSupreme Court of Georgia · 1913

3Cited by13 opinions

  1. Johns v. StateCourt of Appeals of Georgia · 1933
  2. Graham v. StateSupreme Court of Georgia · 1914
  3. Roach v. StateCourt of Appeals of Georgia · 1965
  4. Welch v. Sun Underwriters InsuranceSupreme Court of North Carolina · 1929
  5. Geer v. StateCourt of Appeals of Georgia · 1936

8 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API