Smith v. State

Court of Appeals of Georgia

Smith v. State

4 S.E.2d 687, 60 Ga. App. 623, 1939 Ga. App. LEXIS 109

CourtCourt of Appeals of Georgia

DecidedSeptember 19, 1939

Docket27552

StatusPublished

Cited by2 cases

This text of 4 S.E.2d 687 (Smith 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

Smith v. State, 4 S.E.2d 687, 60 Ga. App. 623, 1939 Ga. App. LEXIS 109 (Ga. Ct. App. 1939).

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Opinion

MacIntyre, J.

Where the only proof that one was in possession of an article prohibited by law (whisky) 'in Whitfield County, [624]*624Georgia, .was by the testimony of a police officer that “I am a police officer in the City of Dalton. . . I was collecting street taxes at- that time, and . . I went over there [to the defendant’s house and found liquor],” there is no proof that the possession was in Whitfield County. Therefore the judgment is reversed for the reason that the State failed to sufficiently establish the venue. Gibson v. State, 52 Ga. App. 297 (183 S. E. 83), and cit.; Whitfield v. State, 51 Ga. App. 439 (180 S. E. 630); Moye v. State, 65 Ga. 754; Cooper v. State, 106 Ga. 119 (2) (32 S. E. 23). Judgment reversed.

Broyles, C. J., and Guerry, J., concur.

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MacIntyre, J.

Where the only proof that one was in possession of an article prohibited by law (whisky) 'in Whitfield County, [624]*624Georgia, .was by the testimony of a police officer that “I am a police officer in the City of Dalton. . . I was collecting street taxes at- that time, and . . I went over there [to the defendant’s house and found liquor],” there is no proof that the possession was in Whitfield County. Therefore the judgment is reversed for the reason that the State failed to sufficiently establish the venue. Gibson v. State, 52 Ga. App. 297 (183 S. E. 83), and cit.; Whitfield v. State, 51 Ga. App. 439 (180 S. E. 630); Moye v. State, 65 Ga. 754; Cooper v. State, 106 Ga. 119 (2) (32 S. E. 23). Judgment reversed.

Broyles, C. J., and Guerry, J., concur.

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Bluebook (online)

4 S.E.2d 687, 60 Ga. App. 623, 1939 Ga. App. LEXIS 109, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-state-gactapp-1939.

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