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52 Ga. App. 35

Dempsey v. State

Court of Appeals of Georgia

Decided October 22, 1935

Court of Appeals of Georgia · decided 1935-10-22

Relies on Licette v. State · Woodland v. Woodland · Gamblin v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1935-10-22

How this case has been cited

Cited by 7 later decisions — most recently August 1996

7 state decisions

401935194019501960197019801990decided

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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Guerry, J.

¶11. “The venue of a charge of receiving stolen goods knowing them to be stolen is the county where the goods are so received.” Gamblin v. State, 33 Ga. App. 51 (125 S. E. 517); Licette v. State, 75 Ga. 253; Martin v. State, 33 Ga. App. 167 (125 S. E. 727).

¶22. The venue of a crime is a jurisdictional fact, and must be proved as a part of the general case. Where the question as to failure to prove venue is specifically raised in the motion for new trial, as provided by the act of 1911 (Ga. D. 1911, p. 150), and is argued in the brief of counsel for plaintiff in error, and there is no proof of venue, this court must hold that the judge erred in overruling the motion for new trial. The evidence for the State wholly fails to show that the defendant bought or received stolen property in Gordon County. It was error to overrule the motion for new trial.

¶3Judgment reversed.

Broyles, G. J., and MacIntyre, J., concur.
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