PATTERSON v. FAIRCLOTH

43929.

256 Ga. 489 (1986)

350 S.E.2d 243

PATTERSON v. FAIRCLOTH.

Supreme Court of Georgia.

Decided November 26, 1986.


Attorney(s) appearing for the Case

Kenneth S. Canfield, C. B. King, Dennis C. Sweet, for appellant.

Edwin T. Cotton, District Attorney, William B. Hill, Jr., Special Assistant District Attorney, Michael J. Bowers, Attorney General, Harrison Kohler, Senior Assistant Attorney General, George P. Shingler, Assistant Attorney General, for appellee.

Donald F. Samuel, Roger J. Dodd, amicus curiae.


MARSHALL, Chief Justice.

The question presented in this case is one of first impression in this state. It is whether a superior court, on its own motion and over defense objection, possesses the authority to order a change in the venue of a murder trial on the ground that a fair and impartial jury cannot be empanelled in the county where the crime was allegedly committed. For reasons which follow, we answer this question in the negative, and we thereby disapprove...

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