Legal Opinion

Spires v. State

Court of Appeals of Georgia

Decided January 17, 1952No. 33871, 33872PublishedCited by 1 opinion

1Opinion of the CourtMacIntyre, P. J.

1. The exceptions to the overruling of the petitions for a change of venue based upon the ground that the accused cannot obtain a fair and impartial jury in Ben Hill County cannot be considered at this time as there has been no trial of the accused or final judgment therein. While the denial of a petition for change of venue, based upon such ground, is ground for exceptions pendente lite, it is no ground for a direct bill of exceptions. English v. State, 82 Ga. App. 351 (1) (61 S. E. 2d, 152), and citations.

2. “ ‘While it is mandatory upon the judge to whom a petition for a change of venue is…

2Cases cited3 opinions

  1. Broxton v. StateCourt of Appeals of Georgia · 1919
  2. Wilson v. StateCourt of Appeals of Georgia · 1922
  3. English v. StateCourt of Appeals of Georgia · 1950

3Cited by1 opinion

  1. Ledford v. StateCourt of Appeals of Georgia · 1963

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