Goumas v. State

1. “A motion for change of venue, though sworn to, is not evidence on the trial of the issues raised by the motion, unless it is formally introduced in evidence.” Rawlings v. State, 33 Ga. App. 825 (127 S. E. 881).

2. “While it is mandatory upon the judge to whom a petition for a change of venue is presented in behalf of a defendant in a criminal case, under the act approved August 21, 1911 (Acts of 1911, p. 76), to change the venue if the evidence submitted should reasonably show that there is a ‘probability or danger of lynching or other violence,’ it is primarily a question for the judge,…