English v. . Brigman

This appeal poses but one question, namely: Did the judge of the Superior Court on his own motion, in his own discretion and in the furtherance of justice, have the authority to transfer the case from Haywood to Macon County?

We are of opinion and so hold that the answer is in the affirmative. When the judge of the Superior Court is confronted with a state of facts, as was his Honor, Judge Alley, we think the court had the inherent power ex mero motu to order a change of venue.

“. . . according to the weight of authority a court in a criminal case has inherent power, even in the absence of…