Clark v. State

Court of Appeals of Georgia

Clark v. State

189 S.E. 379, 55 Ga. App. 162, 1937 Ga. App. LEXIS 20

CourtCourt of Appeals of Georgia

DecidedJanuary 12, 1937

Docket25995

StatusPublished

Cited by1 cases

This text of 189 S.E. 379 (Clark v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Clark v. State, 189 S.E. 379, 55 Ga. App. 162, 1937 Ga. App. LEXIS 20 (Ga. Ct. App. 1937).

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Opinion

Broyles, C. J.

1. “‘Venue may be proved by circumstantial evidence; but circumstances which show that it is possible that an alleged crime was committed within the jurisdiction of the court are insufficient to establish the jurisdictional element of venue, where from the circumstances adduced it is as possible and reasonable that the crime was committed beyond the jurisdiction of the court.’ Wilson v. State, 6 Ga. App. 16 (2) (64 S. E. 112). See also Chambers v. State, 85 Ga. 220 ( 2) (11 S. E. 653); Jones v. State, 113 Ga. 271 (38 S. E. 851) ;Wade v. State, 11 Ga. App. 411, 414 (75 S. E. 494). Under the authorities cited and the facts of the instant case, the venue, proof of which is necessary to a legal conviction, was not sufficiently proved.” Brown v. State, 52 Ga. App. 536 (183 S. E. 848).

2. Floyd Clark, the defendant in this case, and Brown, the defendant in Brown v. Stale, supra, were jointly indicted for cattle stealing. Brown was tried first and convicted; and this court held, as stated in the preceding headnote, that the evidence was insufficient to establish the venue. On the trial of the instant case the evidence as to the venue was substantially identical with that adduced on the trial of Brown; and the ruling of this court in the Brown case that the evidence was insufficient to prove the venue is controlling in the case at bar, and another trial is necessary.

3. The other alleged errors are not likely to recur on another hearing of the case, and therefore are not passed.upon.

Judgment reversed.

MacIntyre and Guerry, JJ., concur.

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Broyles, C. J.

1. “‘Venue may be proved by circumstantial evidence; but circumstances which show that it is possible that an alleged crime was committed within the jurisdiction of the court are insufficient to establish the jurisdictional element of venue, where from the circumstances adduced it is as possible and reasonable that the crime was committed beyond the jurisdiction of the court.’ Wilson v. State, 6 Ga. App. 16 (2) (64 S. E. 112). See also Chambers v. State, 85 Ga. 220 ( 2) (11 S. E. 653); Jones v. State, 113 Ga. 271 (38 S. E. 851) ;Wade v. State, 11 Ga. App. 411, 414 (75 S. E. 494). Under the authorities cited and the facts of the instant case, the venue, proof of which is necessary to a legal conviction, was not sufficiently proved.” Brown v. State, 52 Ga. App. 536 (183 S. E. 848).

2. Floyd Clark, the defendant in this case, and Brown, the defendant in Brown v. Stale, supra, were jointly indicted for cattle stealing. Brown was tried first and convicted; and this court held, as stated in the preceding headnote, that the evidence was insufficient to establish the venue. On the trial of the instant case the evidence as to the venue was substantially identical with that adduced on the trial of Brown; and the ruling of this court in the Brown case that the evidence was insufficient to prove the venue is controlling in the case at bar, and another trial is necessary.

3. The other alleged errors are not likely to recur on another hearing of the case, and therefore are not passed.upon.

Judgment reversed.

MacIntyre and Guerry, JJ., concur.

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189 S.E. 379, 55 Ga. App. 162, 1937 Ga. App. LEXIS 20, Counsel Stack Legal Research, https://law.counselstack.com/opinion/clark-v-state-gactapp-1937.

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