Defendant appeals from the denial of an application for a change of venue in relation to pending trial in Jeff Davis County on an indictment for murder. The application contends that (1) a fair and impartial jury cannot be obtained in the county and (2) there is a danger of defendant being lynched and of mob violence. After hearing evidence in support of and in opposition to the application, the trial judge denied the application.
The transcript of evidence shows an armed attempt was previously made by six men (five of whom were residents of Jeff Davis County and all being relatives of the alleged victim named in the indictment) to kidnap the defendant from a jail in a neighboring county where defendant was then incarcerated pending trial on another indictment. This occurred six weeks prior to the hearing on the change of venue request and was thwarted by the sheriff without any turmoil. Evidence was presented to show there were no present threats against defendant and that there would be adequate security provided for the forthcoming trial. There is also evidence of a fair amount of publicity addressed to the defendant and the crime with which he is charged but there is no evidence that such publicity will prevent obtaining a fair and impartial jury.
We do not conclude as a matter of law that evidence presented required the trial judge to grant the application.