Hays v. State

Jul 29, 1920
11513
Reporters:
, ,
Before:
Broyles
Broyles, C. J.

1. “ When all the evidence introduced on the trial of a criminal case strongly ‍‌‌​​​​​‌‌​‌‌​‌​‌‌‌‌‌‌‌​‌‌‌​‌​‌​​​​​‌‌​​‌​‌‌‌​‌​​​​‌‌‌​​‌​‌‌‌‌​‌‌​‌​‌​‌​‌‌‌‌​​‌​​​‌‌​​‌​​​​​​‌‌​​‍and decidedly tended to show that the offense was committed in the county where the trial was had, and there was no evidence warranting even a hare conjecture that it was committed elsewhere, it ‍‌‌​​​​​‌‌​‌‌​‌​‌‌‌‌‌‌‌​‌‌‌​‌​‌​​​​​‌‌​​‌​‌‌‌​‌​​​​‌‌‌​​‌​‌‌‌‌​‌‌​‌​‌​‌​‌‌‌‌​​‌​​​‌‌​​‌​​​​​​‌‌​​‍will be held that the venue was sufficiently proved.” Womble v. State, 107 Ga. 666, 667 (3), 669 (33 S. E. 630), and authorities cited. See also Davis v. State, 7 Ga. App. 332 (66 S. E. 960). Under this ruling the venue in ‍‌‌​​​​​‌‌​‌‌​‌​‌‌‌‌‌‌‌​‌‌‌​‌​‌​​​​​‌‌​​‌​‌‌‌​‌​​​​‌‌‌​​‌​‌‌‌‌​‌‌​‌​‌​‌​‌‌‌‌​​‌​​​‌‌​​‌​​​​​​‌‌​​‍the instant case was sufficiently shown.

2. There was some evidence which authorized the jury to And that the defendant had sold a portion of the mortgaged property before the payment of the mortgage debt, ‍‌‌​​​​​‌‌​‌‌​‌​‌‌‌‌‌‌‌​‌‌‌​‌​‌​​​​​‌‌​​‌​‌‌‌​‌​​​​‌‌‌​​‌​‌‌‌‌​‌‌​‌​‌​‌​‌‌‌‌​​‌​​​‌‌​​‌​​​​​​‌‌​​‍without the consent of, and with the intent to defraud, the mortgagee, and that loss was thereby sustained by the latter; and the trial judge having approved the defendant’s conviction, and no error of ‍‌‌​​​​​‌‌​‌‌​‌​‌‌‌‌‌‌‌​‌‌‌​‌​‌​​​​​‌‌​​‌​‌‌‌​‌​​​​‌‌‌​​‌​‌‌‌‌​‌‌​‌​‌​‌​‌‌‌‌​​‌​​​‌‌​​‌​​​​​​‌‌​​‍law appearing, this court is without authority to reverse the judgment below.

Judgment affirmed.

Luke and Bloodworth, JJ., concur.