Nix v. State

This was a petition by Bartow Nix and Albert Nix for a change of venue, under the statutory provisions as amended by the act of 1911 (Ga. L. 1911, p. 74; Park’s Penal Code, § 964). It is there provided that “if the evidence submitted shall reasonably show that there is probability or danger of lynching, or other violence, then it shall be mandatory on said judge to change the venue to such county in the State as in his judgment will avoid such lynching.” Affidavits of twelve persons were introduced to show that if the petitioners, who had been indicted for murder, were tried in Muscogee…