Downs v. State

A verdict was returned finding the defendant guilty, and recommending life imprisonment, under an indictment charging William Downs with the murder of Moice Calhoun by shooting him with a gun. The exception is to a judgment refusing a new trial.

Even if the question could be raised by the motion for new trial in this case, in view of sec. 2 of the act of 1911 (Ga. L. 1911, p. 149), the judgment will not be reversed upon the ground of failure to prove the venue, where a witness testified that he saw defendant during a controversy shoot Calhoun twice with a gun, thereby killing him instantly,…