No judge of a superior court shall grant a writ of certiorari or sustain the writ in a criminal or quasi-criminal case on the ground that the venue was not proved in the trial court or that the time of the commission of the offense was not proved, unless there is a distinct allegation in the petition for the writ of failure to prove the venue or time and an allegation of error as to such matters.

JUDICIAL DECISIONS

Petition for certiorari containing allegation that there was failure to prove venue suffices, even though it does not appear that the distinct question of venue was raised in the recorder's court. Garrett v. City of Atlanta, 152 Ga. 675, 110 S.E. 886 (1922).

Lack of proof of venue cannot be raised for first time in Court of Appeals.

- When there is no distinct allegation of failure to prove venue in the trial court in a petition of certiorari to the superior court and no distinct brief of plaintiff in error, this section prohibits raising of question of lack of proof of venue for first time in Court of Appeals. Sturman v. State, 59 Ga. App. 498, 1 S.E.2d 467 (1939).

Where lack of proof of venue is not specifically raised by any general or special grounds of motion for new trial, that question may not be presented to the Court of Appeals. Charles v. State, 64 Ga. App. 265, 13 S.E.2d 44 (1941).

Cited in Parrish v. State, 10 Ga. App. 836, 74 S.E. 445 (1912); Rice v. City of Eatonton, 15 Ga. App. 505, 83 S.E. 868 (1914).

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2018 Georgia Code 5-4-13 | Car Wreck Lawyer

TITLE 5 APPEAL AND ERROR

Section 4. Certiorari to Superior Court, 5-4-1 through 5-4-20.

ARTICLE 2 PROCEDURE

5-4-13. Grant of writ for failure to prove venue or time of criminal offense.

JUDICIAL DECISIONS

Lack of proof of venue cannot be raised for first time in Court of Appeals.

RESEARCH REFERENCES

Am. Jur. 2d.