Casper v. State

Jim Casper was convicted in the superior court of Ben Hill county of violating the prohibition law. In his motion for a new trial it is alleged that “it was nowhere shown in the testimony that said crime, if committed, occurred in Ben Hill county, Georgia.” The only proof of venue was the following testimony of the only witness sworn for the State: “I made this purchase over there at his place of business in the City of Fitzgerald.” The witness, of course, had reference to the purchase of whisky from the defendant. “In a criminal case the venue of the crime must be established clearly and…