Mill v. State

Court of Appeals of Georgia

Mill v. State

57 S.E. 969, 1 Ga. App. 134, 1907 Ga. App. LEXIS 166

CourtCourt of Appeals of Georgia

DecidedFebruary 4, 1907

Docket170

StatusPublished

Cited by3 cases

This text of 57 S.E. 969 (Mill 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

Mill v. State, 57 S.E. 969, 1 Ga. App. 134, 1907 Ga. App. LEXIS 166 (Ga. Ct. App. 1907).

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Opinion

Him, C. J.

1. The venue is a jurisdictional fact, and must be proved by the State, as a part of the general ease; and where there is an assignment of error that the verdict is contrary to law and the evidence, and the brief of the evidence contains no proof whatever of the venue, a new trial will be granted.

2. The brief of evidence in this case containing no proof of the venue, the judgment refusing to grant a new trial was error. Civil Code, § 5874; Davis v. State, 82 Ga. 205; Alexander v. State, 105 Ga. 834.

Judgment reversed.

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Him, C. J.

1. The venue is a jurisdictional fact, and must be proved by the State, as a part of the general ease; and where there is an assignment of error that the verdict is contrary to law and the evidence, and the brief of the evidence contains no proof whatever of the venue, a new trial will be granted.

2. The brief of evidence in this case containing no proof of the venue, the judgment refusing to grant a new trial was error. Civil Code, § 5874; Davis v. State, 82 Ga. 205; Alexander v. State, 105 Ga. 834.

Judgment reversed.

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Bluebook (online)

57 S.E. 969, 1 Ga. App. 134, 1907 Ga. App. LEXIS 166, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mill-v-state-gactapp-1907.

Opinion

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