Jackson v. State, 71288
| Decision Date | 07 February 1986 |
| Docket Number | No. 71288,71288 |
| Citation | 341 S.E.2d 274,177 Ga.App. 718 |
| Parties | JACKSON v. The STATE. |
| Court | Georgia Court of Appeals |
Wynn Pelham, Lawrenceville, for appellant.
Thomas C. Lawler III, Dist. Atty., Thomas A. Devlin, Jr., Asst. Dist. Atty., for appellee.
Appellant was indicted for and convicted of the misdemeanor of simple battery. OCGA § 16-5-23(a)(1). In his sole enumeration of error, appellant contends that the State failed to prove venue.
It was established at the Gwinnett County trial that the battery occurred on the street just outside the clubhouse of the Stephens Hills Subdivision. A companion of the victim testified that the subdivision was in Gwinnett County, and a Gwinnett County police officer was the first law enforcement officer to arrive at the scene described as being "on Hill Drive in Duluth." Inasmuch as this court is permitted to take judicial notice of the location of a city within the boundaries of a county, we take judicial notice that Duluth is located in Gwinnett County. See Williams v. State, 162 Ga.App. 680(1), 292 S.E.2d 560 (1982).
The Constitution of Georgia mandates that "all criminal cases shall be tried in the county where the crime was committed ..." Ga. Const.1983, Art. VI, Sec. II, Par. VI. See also OCGA § 17-2-2(a). Toland v. State, 115 Ga.App. 786, 156 S.E.2d 215 (1967). Where, as here, venue is not contested at trial, slight proof of venue is sufficient. Williams v. State, supra. The evidence presented at trial as to venue was sufficient to authorize a rational trier of fact to find venue in Gwinnett County. Melton v. State, 252 Ga. 97, 311 S.E.2d 471 (1984); Williams v. State, supra.
Judgment affirmed.
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