When the cause for the change of venue is the prejudice of the inhabitants of the county, against the defendant, his application may be opposed by counter affidavits; and the court will then grant or deny the application in its discretion, as shall seem to be right. Affidavits for a change of venue should state the facts showing prejudice and not mere conclusions.5 But when the accused by his application brings himself within the statute, and no counter evidence is introduced, he is entitled to the change even though the statute authorizes the court to exercise a discretion.6

Where leading citizens make affidavits showing bias and prejudice against the accused, a change of venue should be allowed, unless counter affidavits make denial by clear and direct language.7 And when the defendant procures a change of venue, he, of course, waives his right to be tried in the county where the offense is alleged to have been committed.8

A change of venue may be granted on the consent and agreement of the parties.9