Fowler v. State

Quillian, Presiding Judge.

Defendant was indicted, tried, and convicted in Whitfield County for the offenses of habitual traffic offender, driving under the influence, and having an improper tag upon the vehicle he was operating. He brings this appeal. Held:

1. The defendant contends that the State failed to prove venue was in Whitfield County — which was alleged as the situs of the offense by the indictment. The State “concedes that it has failed to prove venue in this one witness case.” Reversal is required. Deyton v. Wanzer, 240 Ga. 509, 510 (241 SE2d 228).

2. Defendant enumerates as error…