Heard v. State

Stolz, Judge.

The defendant appeals from his conviction of simple battery.

1. The trial judge did not abuse his discretion in overruling the defendant’s motion, made the day before the trial, to subpoena as witnesses nine inmates of Reidsville State Prison where the defendant had had a month before the trial in which to make these witnesses known to his court-appointed counsel, and the witnesses were sought for the limited purpose of proving venue, which was testified to by two available witnesses. See Reid v. State, 119 Ga. App. 368 (5) (166 SE2d 900); Neal v. Smith, 226 Ga. 96 (6) (172 SE2d…