Gates v. State

Court of Appeals of Georgia

Gates v. State

38 S.E.2d 311, 73 Ga. App. 824, 1946 Ga. App. LEXIS 424

CourtCourt of Appeals of Georgia

DecidedMay 10, 1946

Docket31213.

StatusPublished

Cited by6 cases

This text of 38 S.E.2d 311 (Gates 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.

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Gates v. State, 38 S.E.2d 311, 73 Ga. App. 824, 1946 Ga. App. LEXIS 424 (Ga. Ct. App. 1946).

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Opinion

Gardner, J.

The court judicially knows that the superior court of Fulton County embraces Fulton County only. The instant case shows that the trial was conducted at the county site *826 in the courthouse in Fulton County, and that “downstairs” from the floor on which the defendant was mating his statement was in Fulton County, Georgia. The grand jury is but an arm of the superior court of Fulton County, which sits within the county. See Code, §§ 24-2609, 24-3001, 24-3003. In Womble v. State, 107 Ga. 666 (33 S. E. 630), it was said: “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.” See Hays v. State, 25 Ga. App. 591 (103 S. E. 730); Attaway v. State, 64 Ga. App. 319 (13 S. E. 2d, 99); Wardlow v. State, 66 Ga. App. 575 (18 S. E. 2d, 571); Roberson v. State, 69 Ga. App. 541 (26 S. E. 2d, 142); James v. State, 71 Ga. App. 867 (32 S. E. 2d, 431).

The court did not err in overruling the motion for a new trial for any of the reasons assigned.

Judgment affirmed.

Broyles, G. J., and MacIntyre, J., concur.

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Gardner, J.

The court judicially knows that the superior court of Fulton County embraces Fulton County only. The instant case shows that the trial was conducted at the county site *826 in the courthouse in Fulton County, and that “downstairs” from the floor on which the defendant was mating his statement was in Fulton County, Georgia. The grand jury is but an arm of the superior court of Fulton County, which sits within the county. See Code, §§ 24-2609, 24-3001, 24-3003. In Womble v. State, 107 Ga. 666 (33 S. E. 630), it was said: “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.” See Hays v. State, 25 Ga. App. 591 (103 S. E. 730); Attaway v. State, 64 Ga. App. 319 (13 S. E. 2d, 99); Wardlow v. State, 66 Ga. App. 575 (18 S. E. 2d, 571); Roberson v. State, 69 Ga. App. 541 (26 S. E. 2d, 142); James v. State, 71 Ga. App. 867 (32 S. E. 2d, 431).

The court did not err in overruling the motion for a new trial for any of the reasons assigned.

Judgment affirmed.

Broyles, G. J., and MacIntyre, J., concur.

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38 S.E.2d 311, 73 Ga. App. 824, 1946 Ga. App. LEXIS 424, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gates-v-state-gactapp-1946.

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