Jurisdiction and venue distinguished.

- Jurisdiction means the power of a court to render a binding judgment in the case, and venue means the place of trial. Williams v. Fuller, 244 Ga. 846, 262 S.E.2d 135 (1979).

In Georgia, the power to change the venue in criminal cases is vested exclusively in the superior courts. Slaughter v. State, 61 Ga. App. 619, 7 S.E.2d 215 (1940) (decided in part under former Code 1933, § 27-1201).

The acts relating to trial of misdemeanors in Criminal Court of Fulton County do not contravene provisions of U.S. Const., amend. 14 for the reason that defendants therein in seeking a review by appellate courts must proceed by the slower and more expensive method of first petitioning to the superior court of the county for a certiorari, whereas, if tried in the superior court, they may sue out a bill of exceptions directly to the Court of Appeals, for the further reason that newly discovered evidence cannot be considered by superior courts in awarding a new trial on a petition for certiorari, or for the further reason that misdemeanor defendants in the court of the trial have no right to move for a change of venue as defendants were permitted to move in the superior courts, under Ga. Const. 1976, Art. VI, Sec. XIV, Para. VI (see Ga. Const. 1983, Art. VI, Sec. II, Para. VI), and this paragraph, and former Code 1933, § 27-1201 (see now O.C.G.A. § 17-7-150). McIntyre v. State, 190 Ga. 872, 11 S.E.2d 5 (1940), cert. denied, 312 U.S. 695, 61 S. Ct. 732, 85 L. Ed. 1130 (1941) (see Ga. Const. 1983, Art. VI, Sec. II, Para. VIII).

Judge need not put all jurors on voir dire before granting a change of venue, as voir dire questions go to the impartiality of the jurors; and, if the judge is satisfied that no qualified jury can be obtained in a certain county, the judge can, in judicial discretion, grant a change of venue. Alley v. Gormley, 181 Ga. 650, 183 S.E. 787 (1935).

Superior court judge may not change venue on own motion over defendant's objection.

- Under Georgia's constitutional and statutory law, the superior court judge lacks the authority to grant a change of venue in a criminal case, on the judge's own motion and over defense objection, on the ground that a fair and impartial jury cannot be obtained in the county where the crime was allegedly committed. Patterson v. Faircloth, 256 Ga. 489, 350 S.E.2d 243 (1986), disapproving dicta in Wheeler v. State, 42 Ga. 306 (1871).

Improper venue.

- O.C.G.A. § 9-10-31(c) was not a proper exercise of the legislature's authority to enact laws which allowed the superior and state courts to change venue; furthermore, because O.C.G.A. § 9-10-31.1(a) vested power to change venue in the court, and not in a defendant, as did O.C.G.A. § 9-10-31(c). O.C.G.A. § 9-10-31.1(a) was proper under Ga. Const. 1983, Art. VI, Sec. II, Para. VIII, and did not violate Ga. Const. 1983, Art. VI, Sec. II, Para. IV. EHCA Cartersville, LLC v. Turner, 280 Ga. 333, 626 S.E.2d 482 (2006).

Am. Jur. 2d.

- 77 Am. Jur. 2d, Venue, § 48 et seq.

C.J.S.

- 92A C.J.S., Venue, § 124 et seq.

ALR.

- Power to withdraw or modify order granting change of venue, 59 A.L.R. 362.

Right to lay venue of action against municipality in county other than that in which it is situated, 93 A.L.R. 500.

Right to be tried in county or district in which offense was committed, as susceptible of waiver, 137 A.L.R. 686.

Right of defendant in civil action to change of venue upon motion made after time specified by statute or rule in that regard, as affected by fact that codefendant had made such a motion within the prescribed period, 141 A.L.R. 1177.

Construction and effect of statutory provision for change of venue for the promotion of the convenience of witnesses and the ends of justice, 74 A.L.R.2d 16.

Appealability of order relating to transfer, on jurisdictional grounds, of cause from one state court to another, 78 A.L.R.2d 1204.

Binding effect of order on motion for change of venue, where action is terminated otherwise than on merits and reinstituted, 85 A.L.R.2d 993.

Prohibition or mandamus as appropriate remedy to review ruling on change of venue in civil case, 93 A.L.R.2d 802.

Right of accused in misdemeanor prosecution to change of venue on grounds of inability to secure fair trial and the like, 34 A.L.R.3d 804.

Change of venue by state in criminal case, 46 A.L.R.3d 295.

Choice of venue to which transfer is to be had, where change is sought because of local prejudice, 50 A.L.R.3d 760.

Forum non conveniens in products liability cases, 76 A.L.R.4th 22.