Legal Opinion

Bearden v. State

Court of Appeals of Georgia

Decided January 11, 1944No. 30397Published

1Opinion of the CourtGardner, J.

It has been many times held that on the trial of a motion for change of venue the judge becomes the trior of the issue to be determined by the evidence introduced, and that his finding thereon will not be disturbed unless his discretion in passing upon the issue, under the evidence, is abused. In Griffin v. State, 59 Ga. App. 333 (1 S. E. 2d, 41), this court, after citing approvingly Broxton v. State, 24 Ga. App. 31 (99 S. E. 635), and Goumas v. State, 44 Ga. App. 210 (160 S. E. 682), said: “It is primarily a question for the judge, upon the hearing of such petition, to determine from the…

2Cases cited3 opinions

  1. Broxton v. StateCourt of Appeals of Georgia · 1919
  2. Goumas v. StateCourt of Appeals of Georgia · 1931
  3. Griffin v. StateCourt of Appeals of Georgia · 1939

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