112 Ga. 392 | Ga. | 1900
The accused was indicted by the grand jury of Car toosa county for the offense of larceny after trust, the indictment charging, in substance, that the defendant, on January 6, 1898, was intrusted with one five-dollar bill, lawful money, of the value of five
It is a well-established principle of law that the venue of a criminal case may be shown not only by positive testimony, but also by circumstances. In Smiley v. State, 66 Ga. 754, it seems the p>roof was that the owner kept his hogs at Ms home in Miller county, and turned them out M the open country, calling them up .at night. They were suddenly missed, and about the same time, the defendant, who lived near by, though in an adjoining county, sold them some distance away. There being no proof that the hogs ■ever “used” or ever were over the lme, this court said that a verdict of, guilty of larceny, found in the county of the owner’s residence, was sustained by proof. See also Robson v. State, 83 Ga. 171 (8). The accused M that case was a public officer m the county of Washington. He collected money M that county from the taxpayers. His office was there; he resided there; and it was not affirmatively shown that any of the money was elsewhere after he collected it. It was there decided that venue may be proved by either circumstantial or direct evidence; and in that case it was most amply proved by the evidence in the record.
Judgment affirmed.