Davis v. State

In an application for a change of venue, “where the evidence is conflicting upon the, issue .as to whether or not under the petition such a ease is made as requires the judge to grant the motion, the judge hearing the same passes upon the issues that are to he determined upon evidence, . .' and his finding and judgment upon the same is final and controlling, unless manifestly erroneous.” Wilburn *224v. State, 140 Ga. 138, 141 (78 S. E. 819). See also Park’s Ann. Penal Code, § 964; Coleman v. State, 141 Ga. 737 (82 S. E. 227) ; Bivins v. State, 145 Ga. 416 (89 S. E. 370) ; Marshall v. State, 20…