Carter v. State
Supreme Court of Georgia
Criminal law. Venue. Before Judge PIopicins. Fulton Superior Court. April Term, 1873. Plaintiffs in error were placed on trial for the offense of keeping a lewd house. The jury returned a verdict of guilty. A motion for á new trial was made upon the ground, amongst others, that the verdict was contrary to law. The brief of evidence fails to disclose where the offense was committed. The motion was overruled and plaintiffs in error excepted.
1Opinion of the Court
Trippe, Judge.
The evidence in the record does not show that any offense *36was committed in the county of Fulton. The witness *said the house was-on the corner of Broad and Walton streets, without further defining the locality. It was necessary to prove in what county these streets are. Courts do not judicially take cognizance of such facts. It is proper to remark, that the Solicitor General stated that the omission to insert the county in the brief of the evidence was an oversight and not observed until the case was here. This is very probably true, but the record is all that can speak on that…
2Cited by8 opinions
- Harmon v. HarmonSupreme Court of Georgia · 1953
- Rooks v. StateSupreme Court of Georgia · 1880
- Shields v. StateSupreme Court of Georgia · 2003
- Whitfield v. StateCourt of Appeals of Georgia · 1935
- Jones v. StateSupreme Court of Georgia · 1901
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