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126 Ga. App. 170

Varnedore v. State

Court of Appeals of Georgia

Decided April 3, 1972

Court of Appeals of Georgia · decided 1972-04-03

Relies on Garmon v. State · Troup v. State

Decided 1972-04-03

Hall, Presiding Judge.

¶1Defendant appeals from his conviction for the offense of failing to pay for agricultural products purchased on a cash' sale basis. Code Ann. § 5-9914.

¶2The evidence would authorize a finding that this was a cash sale. The court’s charge on the subject merely instructed the' jury that some reasonable delay between delivery and payment in order to compute the price would not preclude a finding of cash sale. See Troup v. State, 209 Ga. 9 (70 SE2d 470).

Argued March 2, 1972—Decided April 3, 1972—Rehearing denied April 28, 1972.J. Laddie Boatright, for appellant.Albert D. Mullis, District Attorney, for appellee.

¶3The evidence would also authorize a finding that the offense was committed in Telfair County as defendant arranged and paid for shipment from the collection point there to his place- of business. Venue was therefore proper. Garmon v. State, 219 Ga. 575 (4) (134 SE2d 796).

¶4All other enumerations of error are without merit.

¶5Judgment affirmed.

Pannell and Quillian, JJ., concur.
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