Opinion
34055.
DECIDED JUNE 11, 1952.
Violating liquor law; from Chattooga City Court — Judge Espy. March 4, 1952.
Bobby Lee Cook, for plaintiff in error.
John W. Davis, Solicitor-General, contra.
By the act of 1911 (Ga. L. 1911, p. 149; Code § 6-1609), "No judgment of a trial court in a criminal case shall be reversed by either the Supreme Court or the Court of Appeals for lack of proof of venue, . . save where the particular point has been specifically raised by a ground of the original or amended motion for a new trial"; and, while this section has been held inapplicable to a case where the evidence clearly shows the venue of the offense to be in a county other than that of the prosecution ( York v. State, 52 Ga. App. 11,
181 S.E. 870), where, in a motion for a new trial, based solely upon the general grounds, the particular point of the lack of proof of venue has not been specifically raised; the evidence does not show the venue to be in a county other than that of the prosecution, and counsel for the defendant, in his brief in this court, insists upon a reversal of the trial court's judgment overruling the motion for a new trial solely upon the ground of the lack of proof of venue, the judgment of the trial court must be affirmed. Smith v. State, 79 Ga. App. 595 (4) ( 54 S.E.2d 378); Palmer v. State, 19 Ga. App. 752 ( 92 S.E. 233); Prather v. State, 72 Ga. App. 788 ( 35 S.E.2d 144).Judgment affirmed. Gardner, P. J., and Townsend, J., concur.