Butler v. State
Court of Appeals of Georgia
Motion to change venue; from Taliaferro superior court — Judge Walker. December 17, 1920. Dink Butler and Fate Fews were jointly indicted for the murder of W. B. Bainey; they were convicted, their motions for a new trial were overruled, and the judgments overruling the motions were reversed by the Supreme Court, that court holding that the evidence was not sufficient to authorize the verdicts. 150 Ga. 353 (103 S. E. 809). In October, 1920, they moved for a change of venue,…
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Motion to change venue; from Taliaferro superior court — Judge Walker. December 17, 1920. Dink Butler and Fate Fews were jointly indicted for the murder of W. B. Bainey; they were convicted, their motions for a new trial were overruled, and the judgments overruling the motions were reversed by the Supreme Court, that court holding that the evidence was not sufficient to authorize the verdicts. 150 Ga. 353 (103 S. E. 809). In October, 1920, they moved for a change of venue, the motion was denied, and the case came to the Court of Appeals on exceptions to that judgment. In support of the motion…
1Opinion of the CourtLuke, J.
1. Upon tlie bearing of a motion to change the venue in a murder case, upon tlie ground that there is probability or danger of lynching or other violence being done to the petitioner, if the evidence submitted reasonably shows that there is probability or danger of lynching, or other violence, then it is mandatory upon the judge to change the venue to some county in the State where, in his judgment, the petitioner can be safely tried. Ga. L. 1911, p. 74; Kennedy v. State, 141 Ga. 314 (80 S. E. 1012); Graham v. State, 141 Ga. 812 (82 S. E. 282); Newman v. State, 143 Ga. 270 (84 S. E. 579);…
2Cases cited5 opinions
- Graham v. StateSupreme Court of Georgia · 1914
- Kennedy v. StateSupreme Court of Georgia · 1914
- Bivins v. StateSupreme Court of Georgia · 1916
- Marshall v. StateCourt of Appeals of Georgia · 1917
- Newman v. StateSupreme Court of Georgia · 1915
3Cited by5 opinions
- Roach v. StateCourt of Appeals of Georgia · 1965
- Pinkston v. StateCourt of Appeals of Georgia · 1949
- Balkman v. StateCourt of Appeals of Georgia · 1921
- Redding v. StateCourt of Appeals of Georgia · 1928
- Humphrey v. StateSupreme Court of Georgia · 1932