Patterson v. State, 60968
| Decision Date | 28 January 1981 |
| Docket Number | No. 60968,60968 |
| Citation | 276 S.E.2d 900,157 Ga.App. 233 |
| Parties | PATTERSON v. The STATE. |
| Court | Georgia Court of Appeals |
Daniel J. Craig, Augusta, for appellant.
Richard Allen, G. Larry Bonner, Asst. Dist. Attys., for appellee.
Defendant appeals from his conviction in the Superior Court of Richmond County of two counts of armed robbery. Defendant enumerates as error the trial court's denial of defendant's motion for a new trial asserting that the state failed to prove venue as required.
Alderman v. State, 241 Ga. 496, 509, 246 S.E.2d 642 (1978). Nevertheless, Dickerson v. State, 186 Ga. 557, 559, 199 S.E. 142 (1938).
The record presented herein reflects that the alleged robbery occurred during an automobile trip en route to Fort Gordon approximately one-quarter mile down a dirt road off of Barton Chapel Road near where it intersects Gordon Highway. The originating point of the journey is not specifically identified in the record as Augusta, but testimony by one of appellant's codefendants does support such an inference. No evidence identifies either Augusta or Ft. Gordon or either of the named thoroughfares as located within either Richmond County or within the State of Georgia. Further, no testimony identifies the alleged robbery as having occurred within Richmond County or within the State of Georgia.
A long-settled line of cases in this jurisdiction has solidified the rule that evidence merely identifying the location of a crime's commission as a given city without further specifying the county or state within which that city is situated does not establish venue beyond all reasonable doubt. Moye v. State, 65 Ga. 754 (1880); Cooper v. State, 106 Ga. 119, 32 S.E. 23 (1898); Wooten v. State, 119 Ga. 745, 47 S.E. 193 (1904); Murphy v. State, 121 Ga. 142, 48 S.E. 909 (1904). Further, "(t)estimony of the witnesses here relating to certain named streets, which failed to specify either the municipality or the county in which the streets were...
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Joiner v. State, A97A2486
...State, 241 Ga. 496, 509(5), 246 S.E.2d 642 (1978); Etchison v. State, 149 Ga.App. 866(1), 256 S.E.2d 148 (1979); Patterson v. State, 157 Ga.App. 233, 234, 276 S.E.2d 900 (1981); Ludden v. State, 176 Ga.App. 109, 111(3), 335 S.E.2d 428 (1985). In direct contrast to this "any evidence" standa......
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Hernandez v. State, 73705
...must be proved beyond a reasonable doubt.' Dickerson v. State, 186 Ga. 557, 559 (199 SE 142) (1938); see also Patterson v. State, 157 Ga.App. 233, 234 (276 SE2d 900) (1981). Where venue is not established by the state, any ensuing judgment is void, although reversal of a conviction on this ......
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...where there is no conflicting evidence. Trogdon v. State, 176 Ga.App. 246, 247(1), 335 S.E.2d 481 (1985); Patterson v. State, 157 Ga.App. 233, 276 S.E.2d 900 (1981). There is no proof that the Plaza Package Store is located in Colquitt County, requiring reversal on this basis as to Aside fr......
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Salley v. State
...to venue, slight evidence, either direct or circumstantial, is sufficient where there is no conflicting evidence. Patterson v. State, 157 Ga.App. 233, 276 S.E.2d 900 (1981). In this case, it amounted to uncontradicted evidence that the Upson County law enforcement and family services author......