Wilson v. State

Broyles, O. J.

1. “While it is mandatory upon the judge to whom a petition for a change of venue is presented in behalf of a defendant in a criminal case, under the act approved August 21, 1911 (Acts of 1911, p. 76), to change the venue if the evidence submitted should reasonably show that there is a ‘ probability or danger of lynching or other violence,’ it is primarily a. question for the judge, upon the hearing of such petition, to determine from the evidence whether or not such probability or danger of lynching or other violence exists; *575and where the evidence upon such issue conflicts, the…