Legal Opinion

Graham v. State

Supreme Court of Georgia

Decided June 12, 1914PublishedCited by 17 opinions

Application to change venue. Before Judge Quincey. Coffee superior court. April 7, 1914. , . Charlie Graham was charged with the offense of murder, and incarcerated in the county jail of Coffee county.

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Application to change venue. Before Judge Quincey. Coffee superior court. April 7, 1914. , . Charlie Graham was charged with the offense of murder, and incarcerated in the county jail of Coffee county. On April 6, 1914, he made a motion for a change of venue, under the act of August 21, 1911 (Acts 1911, p. 74). The motion was verified by the oath of the movant, and showed in substance as follows: Petitioner was arrested and imprisoned on the charge of murdering one Lawrence Newbern and one Lester Graham in the city of Broxton, Coffee county, on the night of March 21, 1914, the two being…

1Opinion of the CourtFish, C. J.

(After stating the foregoing facts.) This: was a petition for a change of venue under the act of August 21, 1911 (Acts 1911, p. 74), on the ground that there was probability or danger of lynching or other violence being perpetrated upon the petitioner, who was accused of murder. That act undertook to accomplish what the legislature considered a wise purpose. It is the duty of the courts to give it proper effect. It. did not leave the matter of changing venue, on the ground stated, as a mere matter *818of discretion on the part of the presiding judge, but declared that the judge of the superior…

2Cases cited2 opinions

  1. Wilburn v. StateSupreme Court of Georgia · 1913
  2. Kennedy v. StateSupreme Court of Georgia · 1914

3Cited by17 opinions

  1. Graham v. StateSupreme Court of Georgia · 1915
  2. Broxton v. StateCourt of Appeals of Georgia · 1919
  3. Johns v. StateCourt of Appeals of Georgia · 1933
  4. Geer v. StateCourt of Appeals of Georgia · 1936
  5. Griffin v. StateCourt of Appeals of Georgia · 1939

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