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Rh Ark. Stat. Ann. § 43-1502 (Repl. 1977), which provides:

Application for order of removal. The application of the defendant for such order of removal shall be by petition setting forth the facts on account of which the removal is requested; and the truth of the allegations in such petition shall be supported by the affidavits of two [2] credible persons who are qualified electors, actual residents of the county and not related to the defendant in any way. Reasonable notice of application shall be given to the attorney for the State [prosecuting attorney]. The court shall hear the application and, after considering the facts set forth in the petition and the affidavits accompanying it and any other affidavits or counter affidavits that may be filed and after hearing any witnesses produced by either party, shall either grant or refuse the petition according to the truth of the facts alleged in it and established by the evidence.

The state produced no counter affidavits or testimony from witnesses stating that the appellant could receive a fair trial in Miller County.

[8] "A change of venue should be granted only when it is clearly shown that a fair trial is likely not to be had in the county." Kirkendall v. State, 265 Ark. 853, 581 S.W.2d 341 (1979). The burden of proof is on the defendant in a motion to change the venue and the decision of the trial court will be upheld unless it is shown there was an abuse of discretion in denying the motion. Id.

This court examined § 43-1502 in Robertson v. State, 212 Ark. 301, 206 S.W.2d 748 (1947) and stated that the trial court "heard the testimony of other witnesses besides that of the supporting affidavits and announced the conclusion that the appellant could obtain a fair trial in that jurisdiction. We may therefore review only the exercise of the judicial discretion vested in the court and in view of the conflict in the testimony, we are unable to say that any abuse of this discretion was shown."

In Rush v. State, 238 Ark. 149, 379 S.W.2d 29 (1964), we held that the trial court had abused its discretion in not granting the change of venue based upon twelve affidavits when the state offered no counter affidavits or conflicting testimony to contest