16 S.E.2d 438 | Ga. Ct. App. | 1941
The evidence supported the verdict, and the court did not err in overruling the motion for new trial.
2. Ground 2 challenges the legal sufficiency of the evidence to prove the venue. The evidence as to this fact was as follows: "I saw him [the defendant] at the city auditorium in Atlanta. He was inside the auditorium in the men's rest room. . . They were in Fulton County at the time." Further, as to this ground, the judge certified that this testimony was given immediately following the description by the witnesses of the offense charged in the indictment. Under many decisions of this and the Supreme Court, this evidence was sufficient to show venue. Williams v.State,
3. Ground 3 complains that the court erred in permitting the solicitor-general to propound a stated question and the witness officer to answer that the officer was not required to report, and did not report, to a superior officer before or after arrests, but that he was required to make, and did make, a written report to the station house. Concerning this ground the judge certified that the defense counsel on cross-examination at two different times quizzed the witness about whether or not he made any report. For this reason he permitted the State's attorney to go into the issue on redirect examination. There is no merit in this ground.
4. Ground 4 assigns error because the court permitted A. C. Bryant, the arresting officer, to testify that he had tried to obtain the presence of officer Byrd who had assisted the witness in the arrest. As to this ground the judge certified that at the time the witness gave this testimony Byrd was not in attendance on the court, but before the trial was completed he arrived and testified. This ground is without merit. The absence of a witness may be explained. Dunham v. State,
5. Ground 5 assigns error because the judge failed to charge as to the defendant's contentions. We have carefully read the evidence and the charge, as well as the cases cited by counsel for the plaintiff in error, to wit, Robinson v. State,
Judgment affirmed. Broyles, C. J., and MacIntyre, J.,concur.