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Carter v. State

Court of Appeals of Georgia
Jun 29, 1978
146 Ga. App. 681 (Ga. Ct. App. 1978)

Opinion

55936, 55937.

SUBMITTED JUNE 5, 1978.

DECIDED JUNE 29, 1978. REHEARING DENIED JULY 13, 1978.

Armed robbery. Dougherty Superior Court. Before Judge Kelley.

Gardner Willis, Donald A. Sweat, for appellant (Case no. 55936).

Wingate, Bartlett Baynard, Robert E. Baynard, for appellant (Case no. 55937).

William S. Lee, District Attorney, Hobart M. Hind, Assistant District Attorney, for appellee.


The only enumeration of error in these armed robbery convictions contends that proof of venue was insufficient. While it is true that where venue is not contested slight proof will suffice ( Loftin v. State, 230 Ga. 92 ( 195 S.E.2d 402) (1974)), it must nevertheless be established beyond a reasonable doubt. Parks v. State, 212 Ga. 433, 435 ( 93 S.E.2d 663) (1956). We may take judicial notice of the location of cities within a county. Clayton v. May, 67 Ga. 769 (1881); Taylor v. Malden Trust Co., 125 Ga. App. 262 ( 187 S.E.2d 307) (1972); Harmon v. Harmon, 209 Ga. 474 ( 74 S.E.2d 75) (1953). The testimony here was to the effect that the victim lived in Albany, Dougherty County, and started walking to his mother's house off Sylvester Road in East Albany, which we judicially know to be a part of Albany and which is shown to be such on a map introduced in evidence in this case. The victim walked down Turner Field Road and entered the defendants' car as a hitchhiker at the intersection of Turner Field and Clark Roads, which the victim stated to be in Dougherty County. He had walked about 100 yards from this intersection when he was picked up and he testified that they drove about three blocks, turned and said they were going to a friend's house but stopped along the side of the road, pointed a gun at the defendant, robbed him and then turned him out of the car, one block from the grocery store on Mock Road.

The city map introduced in evidence shows Clark, Turner Field, Mock and Sylvester Roads to be connected with each other and to be within the city limits of Albany. Since the map after being introduced in evidence may be considered in relation to the oral testimony, and since there is no evidence from which a contrary speculation arises, we find that venue was properly proven.

Judgment affirmed. Smith and Banke, JJ., concur.

SUBMITTED JUNE 5, 1978 — DECIDED JUNE 29, 1978 — REHEARING DENIED JULY 13, 1978, IN CASE No. 55937 — CERT. APPLIED FOR.


Summaries of

Carter v. State

Court of Appeals of Georgia
Jun 29, 1978
146 Ga. App. 681 (Ga. Ct. App. 1978)
Case details for

Carter v. State

Case Details

Full title:CARTER v. THE STATE. JONES v. THE STATE

Court:Court of Appeals of Georgia

Date published: Jun 29, 1978

Citations

146 Ga. App. 681 (Ga. Ct. App. 1978)
247 S.E.2d 191

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