Smith v. State

Been, Presiding Judge.

1. Where an accusation alleges venue in Fulton County, Georgia, and there is no evidence to establish venue in such county, the case must be reversed. Toland v. State, 115 Ga. App. 786 (156 SE2d 215). Proof that lottery paraphernalia was found at the defendant’s residence on Abner Place (or even, if an envelope address is accepted as proof, at "2329 Abner Pl., Atlanta, Ga. 30318”) is insufficient. The court will judicially notice that the City of Atlanta is in the counties of Fulton and BeKalb, but judicial cognizance of the location of its streets is not so taken. Venue…