Hammond v. State

This case turns on the question of whether or not the State proved the venue. While, in the absence of evidence sufficient to raise an inference to the contrary, slight proof that the venue of the crime is properly laid is sufficient, nevertheless, venue is a fact essential to the jurisdiction of the court and must be proved by evidence and beyond a reasonable doubt. Dempsey v. State, 52 Ga. App. 35 (2) (182 S. E. 56); Green v. State, 4 Ga. App. 260 (1) (61 S. E. 234). The State depends here for proof of the venue on the answer of a State’s witness to the following question: “In this State…