SMITH v. STATE

52168.

138 Ga. App. 692 (1976)

227 S.E.2d 468

SMITH v. THE STATE.

Court of Appeals of Georgia.

Decided May 19, 1976.


Attorney(s) appearing for the Case

Charles R. Smith, for appellant.

Hinson McAuliffe, Solicitor, Frank A. Bowers, Charles Hadaway, Assistant Solicitors, for appellee.


DEEN, Presiding Judge.

1. Where an accusation alleges venue in Fulton County, Georgia, and there is no evidence to establish venue in such county, the case must be reversed. Toland v. State, 115 Ga.App. 786 (156 S.E.2d 215). Proof that lottery paraphernalia was found at the defendant's residence on Abner Place (or even, if an envelope address is accepted as proof, at "2329 Abner Pl., Atlanta, Ga. 30318") is insufficient. The court will judicially notice that...

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