82 Ga. 205 | Ga. | 1888
Davis, a school-teacher, was convicted on an accusation before the county judge of McDuffie county, of a
The venue is a jurisdictional fact, and there is no provision .of law for pleading specially to the jurisdiction ; hence the fact is one to be proved by the State as a part of the general case. The proof may be direct or circumstantial, but it has to be made, otherwise a conviction is unwarranted. To this effect is the tenor of the decisions. Rooks vs. The State, 65 Ga. 330; Moye vs. The State, Id. 754, Smiley vs. The State, 66 Ga. 754; Day vs. The State, 68 Ga. 827; Smith vs. The State, 69 Ga. 768; Dumas vs. The State, 62 Ga. 58.
The superior court erred in not sustaining the certiorari.
Judgment reversed.