From Casetext: Smarter Legal Research

Attaway v. State

Court of Appeals of Georgia
Feb 1, 1941
13 S.E.2d 99 (Ga. Ct. App. 1941)

Opinion

28649.

DECIDED FEBRUARY 1, 1941.

Shooting at another; from Gwinnett superior court — Judge Pratt. June 22, 1940.

W. L. Nix, for plaintiff in error.

Hope D. Stark, solicitor-general, contra.


The refusal to grant a new trial was not error for any reason assigned.

DECIDED FEBRUARY 1, 1941.


The accused was convicted of shooting at another. His motion for new trial was denied, and exception was taken to that judgment. In a special ground of the motion it is alleged that the venue of the offense was not sufficiently proved. "When all of the evidence introduced on the trial of a criminal case strongly and decidedly tended to show that the offense was committed in the county where the trial was had, and there was no evidence warranting even a bare conjecture that it was committed elsewhere, it will be held that the venue was sufficiently proved." Womble v. State, 107 Ga. 666 (3) ( 33 S.E. 630). See also Bryan v. State, 44 Ga. App. 781 (1) ( 163 S.E. 219). Under the foregoing ruling and the facts of the instant case, the venue was sufficiently proved. The excerpt from the charge of the court complained of in the remaining special ground, when considered in the light of the facts of the case, is not error for any reason assigned. The cases cited in behalf of the plaintiff in error are distinguished by their particular facts from this case. The verdict was amply authorized by the evidence.

Judgment affirmed. MacIntyre and Gardner, JJ., concur.


Summaries of

Attaway v. State

Court of Appeals of Georgia
Feb 1, 1941
13 S.E.2d 99 (Ga. Ct. App. 1941)
Case details for

Attaway v. State

Case Details

Full title:ATTAWAY v. THE STATE

Court:Court of Appeals of Georgia

Date published: Feb 1, 1941

Citations

13 S.E.2d 99 (Ga. Ct. App. 1941)
13 S.E.2d 99

Citing Cases

Wheeler v. State

Little v. State, 3 Ga. App. 441 ( 60 S.E. 113). See Carroll v. State, 121 Ga. 197 ( 48 S.E. 909); Malone v.…

Wardlow v. State

The venue was sufficiently proved. Attaway v. State, 64 Ga. App. 319 ( 13 S.E.2d 99); Womble v. State, 107…