Any civil officer, officer, or member of the militia or any person lawfully aiding him in the performance of any military duty required under this chapter, if subjected to a criminal charge or civil action for any crime or trespass or for injury to person or property which occurred while endeavoring to perform such duty, shall have the right, and it is made the duty of the court in which the indictment, accusation, or action is pending upon the application of any person thus defending, to transfer the trial of the indictment, accusation, or action to some county other than that in which the indictment or accusation was found or the injury done. The transfer shall be made to any county that may be agreed upon by the prosecuting attorney and the defendant or his counsel in case of a criminal charge or by the parties and their counsel in case of a civil action. If a county is not thus agreed upon, the judge shall select a county as in his judgment will afford a fair and impartial jury to try the case and have it transferred accordingly.
History. Ga. L. 1916, p. 158, § 3; Code 1933, § 86-1404; Ga. L. 1951, p. 311, § 24; Ga. L. 1955, p. 10, § 79; Ga. L. 1982, p. 3, § 38.
Cross references.
Change of venue generally, Ga. Const. 1983, Art. VI, Sec. II, Para. VII.
Change of venue in civil actions, § 9-10-50 et seq.
Change of venue in criminal actions, § 17-7-150 .
Structure Georgia Code
Title 38 - Military, Emergency Management, and Veterans Affairs
Part 4 - Rights, Privileges, and Prohibitions
§ 38-2-272. Exemption From Arrest on Civil Process; Uniform and Equipment Exempt From Levy and Sale
§ 38-2-273. Free Passage Through Tollgates, Tunnels, Toll Bridges, and Ferries While Under Orders
§ 38-2-274. Unlawful Conversion of Military Property; Penalty
§ 38-2-275. Unlawful Wearing of Uniforms and Devices Indicating Rank; Penalty
§ 38-2-276. Exemptions From Jury Duty and Street Tax
§ 38-2-281. Exclusion of Uniformed Military Personnel From Places of Amusement; Penalty
§ 38-2-282. Officers and Warrant Officers to Administer Oaths and Witness Documents