Thompson v. State

Fletcher, Chief Justice.

We granted certiorari to the Court of Appeals of Georgia1 to consider the proper scope of appellate review of the sufficiency of the evidence to establish venue. We hold that, because venue is an essential element of the State’s case and must be decided by a jury, only evidence presented to the jury may be considered on appeal. Because the Court of Appeals relied upon material not presented to the jury, and because the evidence at trial was insufficient to establish venue for his misdemeanor conviction, we reverse in part.

A Houston County jury convicted Phillip E.…