121 Ga. 142 | Ga. | 1904
The controlling question in this case is whether the venue of the crime was sufficiently proved. The only direct testimony on the subject was that of a witness who testified that the crime was committed “in the city of Atlanta.” In the trial of a criminal case the venue of the offense must be established clearly and beyond a reasonable doubt. Gosha’s case, 56 Ga. 36. In Moye’s case, 65 Ga. 754, it was held that proof that the crime was committed “in the city of Americus” was not sufficient to establish the venue; and in Cooper’s case, 106 Ga. 119, it was held that proof that the crime was committed “ in Lawrenceville ” did not establish the venue beyond a reasonable doubt. See also Wooten’s case, 119 Ga. 745. These cases are directly controlling, and constrain a ruling that the venue was not sufficiently proved. If the question were now open, we would rule to the contrary. See, in 'this connection, Knox v. State, 114 Ga. 272. If the evidence had been that the crime was committed in At
Judgment reversed.