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153 Ga. 212

Walker v. State

Supreme Court of Georgia

Decided April 11, 1922

Supreme Court of Georgia · decided 1922-04-11

<p>Indictment for murder. Before Judge Kent. Laurens superior court. January 25, 1922.</p>

Relies on Minhinnett v. State · Shaw v. Benton · Reynolds Banking Co. v. Beeland

Good law ✅— No negative treatment on recordhow we know

Decided 1922-04-11

How this case has been cited

Cited by 8 later decisions — most recently February 1956

8 state decisions

301922193019401950decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Gilbert, J.

¶11. The bill of exceptions in this case was certified on the third day of February, 1922, and the transcript of the record was filed in this court on February 20, 1922. On March 20, 1922, a supplemental certificate of the judge, dated March 18, 1922, was filed in this court, in which the court certified that a portion of the brief of evidence duly approved and made a part of the record at the time of the hearing of the motion for a new trial was incorrect, and that the statement as contained in an affidavit accompanying the supplemental certificate was the true and correct statement of the evidence had on the trial in that respect. Counsel for defendant in error suggested a diminution of the record accordingly. Reid, that when the judge of the superior court has signed a certificate to a bill of exceptions, he has exhausted his power in that regard, and cannot add a supplemental certificate explaining or changing the first. Minhinnett v. State, 106 Ga. 141 (32 S. E. 19) ; Reynolds Banking Co. v. Beeland, 142 Ga. 242 (82 S. E. 662) ; Consolidated Naval Stores Co. v. MePhatter, 147 Ga. 797 (35 S. E. 686); Cartledge v. Ashford, 148 Ga. 589 (2) (97 S. E. 521).

¶22. One ground of the motion for a new trial is based on the failure of the State to prove the venue. After a careful examination of the evidence we find this ground is well taken; in fact it is conceded in the brief of the attorney-general. Proof of the venue being essential to confer jurisdiction on the trial court, it was error to overrule the motion for a new trial.

¶3Judgment reversed.

All the Justices ooneur.
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