Smith v. State

• Decision Date: 19 September 1939
• Docket Number: No. 27552.,27552.
• Parties: SMITH. v. STATE.
• Court: Georgia Court of Appeals

4 S.E.2d 687

SMITH.

v.STATE.

No. 27552.

Court of Appeals of Georgia, Division No. 1.

Sept. 19, 1939.

Error from Superior Court, Whitfield County; John C. Mitchell, Judge.

Charlie Smith was convicted of possession of an article prohibited by law, and he brings error.

Reversed.

Wm. E. Mann and W. G. Mann, both of Dalton, for plaintiff in error.

J. H. Paschall, Sol. Gen., of Calhoun, for the State.

Syllabus Opinion by the Court.

MacINTYRE, Judge.

Where the only proof that one was in possession of an article prohibited by law (whisky) in Whitfield County, Georgia, 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.