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Ark.]
Berry v. State
Cite as 290 Ark. 223 (1986)
235

the truth of the facts alleged in the affidavits or established by the testimony. In this case, we are not concerned with the state's failure to provide counter affidavits or conflicting testimony since the trial court's findings focus on the fact that the affiants are not "credible persons" as prescribed by Ark. Stat. Ann. § 43-1502 in that their affidavits and testimony did not meet the burden of proof required to mandate a change of venue.

Although the state produced no witnesses of its own by affidavit or personal appearance, it was able to show by cross examination to the satisfaction of the trial court that the affiants for the appellant were not credible because they did not possess knowledge of the state of mind of the inhabitants of the entire county. The trial court, in denying the motion, stated "that the two ladies, acting in good faith, attempted to give their opinion. But I think it was demonstrated that they do not have broad knowledge of the geographical section, or the thinking of the geographical section of this county. . . . I don't believe that they demonstrated from a broad section of the county that you could not get a fair and impartial trial."

[9, 10] We have held on numerous occasions that a motion for change of venue is not supported by "credible persons" when the movants, affiants or witnesses are unable to show in their testimony that they have a general knowledge as to the state of mind of the inhabitants of the whole county or that they are cognizant of prejudice existing throughout the whole county. Brown v. State, 134 Ark. 597, 203 S.W. 1031 (1918); Davis v. State, 155 Ark. 247, 244 S.W. 750 (1922); Bailey v. State, 204 Ark. 376, 163 S.W.2d 141 (1942); Hill v. State, 275 Ark. 71, 628 S.W.2d 285 (1982). Likewise we stated in Foster v. State, 275 Ark. 427, 631 S.W.2d 7 (1982) that a movant in a change of venue proceeding must demonstrate that there is a countywide prejudice against him before his motion for change of venue will be granted. These rules of law are still in force and effect.

[11] We have also held that there can be no error in the denial of a change of venue if an examination of the jury selection shows that an impartial jury was selected and that each juror stated he or she could give the defendant a fair trial and follow the instructions of the court. Perry v. State, 277 Ark. 357, 642 S.W.2d 865 (1982). The newspaper coverage of the events