YANCEY v. STATE

37439.

98 Ga. App. 797 (1959)

107 S.E.2d 265

YANCEY v. THE STATE.

Court of Appeals of Georgia.

Decided January 12, 1959.


Attorney(s) appearing for the Case

Robert L. Mitchell, Harris Bullock, for plaintiff in error.

Robert J. Noland, Solicitor-General, James I. Parker, Assistant Solicitor-General, E. B. Brown, Harold L. Murphy, contra.


GARDNER, Presiding Judge.

Since the State neither filed an answer to the petition for change of venue nor introduced any evidence, this case resolves itself into a question of law, there being no conflicting facts upon which the discretion of the trial court might operate, and the only issue is whether the defendant's case as presented brings him within the statutory provisions for change of venue. In 22 C.J.S. 300, Criminal Law, § 187, it is stated: "Subject...

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