
    Brown v. The State.
    Argued June 19,
    Decided July 17, 1905.
    Certiorari. Before Judge Spence. Worth superior court. April 25, 1905.
    
      Payton & Hay, for plaintiff in error.
    
      W. E. Wooten, solicitor-general, and J. H. Tipton, contra.
   Fish, P. J.

1. Failure to establish the venue may be taken advantage oi under a general assignment of error that the verdict is contrary to law and the evidence, though no question on that subject was raised before the trial court. Tipton v. State, 119 Ga. 304.

2. The record fails to show that the venue was proved, and therefore it was error to overrule the certiorari.

Judgment reversed.

All the Justices concur, except Simmons, G. J., absent.  