Legal Opinion

Gibson v. State

Court of Appeals of Georgia

Decided December 19, 1935No. 24977, 24978PublishedCited by 7 opinions

1Opinion of the CourtMacIntyre, J.

The controlling question in each of these cases is whether the venue of the crime was sufficiently proved. The only direct testimony on the subject was that it was committed in front of the third house from 501 Smith St., East Macon. “The venue of a crime must be established clearly and beyond all reasonable doubt.” Gosha v. State, 56 Ga. 36. It seems to be judicially established that if the county is named in the evidence, the State will indulge the presumption that it is a county of this State, and if the name mentioned in the evidence is the county of the trial, the court will assume that…

2Cases cited15 opinions

  1. Mitchum v. StateSupreme Court of Georgia · 1852
  2. Gosha v. StateSupreme Court of Georgia · 1876
  3. Cooper v. StateSupreme Court of Georgia · 1898
  4. Moye v. StateSupreme Court of Georgia · 1880
  5. Murphy v. StateSupreme Court of Georgia · 1904

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3Cited by7 opinions

  1. Melton v. StateSupreme Court of Georgia · 1984
  2. Cole v. StateCourt of Appeals of Georgia · 1982
  3. Rowland v. StateCourt of Appeals of Georgia · 1954
  4. Witcher v. StateCourt of Appeals of Georgia · 1952
  5. Hammond v. StateCourt of Appeals of Georgia · 1953

2 more not listed; retrieve them via the Exa API.

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