125 Ga. 143 | Ga. | 1906
The evidence was not very precise either as to the weapon used in the assault for which the defendant was convicted, ■or as to the venue; but we think there was enough to support the ■verdict. The prosecutrix did not distinctly state the weapon with which the shooting was done. But the defense showed that he had •and was shooting a pistol that evening, though the scene of the .■shooting was located by the witnesses for him elsewhere than the .scene of the crime, at about the time when it occurred. The jury, mo doubt, believed he had a pistol “about the time” the offense was committed, but rejected the theory that he was not at the place where it transpired.
On the subject of venue the father of the prosecutrix testified, that he was coming from the store “that evening” and heard some shots Bred. “It was in the direction of the house where my daughter lives. I didn’t see anybody and don’t know who did the shooting. It was in this county.” Fairly construed, we think this means that the shooting was in the county of the trial; and other witnesses were introduced to show that the accused did it.
Judgment a-fjirmed.