Frisbey v. State

I dissent for the reasons stated in my dissent in Joiner v. State, 231 Ga. App. 61 (1) (497 SE2d 642) (1998).

In this case, the only evidence “proving” venue in DeKalb County was the police officer’s testimony that: (1) he worked for DeKalb County Public Safety; (2) he responded to a call “at McDonald’s on Evans Mill and 1-20”; and (3) he contacted “DeKalb Communications” to verify the existence of the Cobb County warrant. Accordingly, I cannot agree that this evidence is sufficient to prove venue beyond a reasonable doubt.

Our Supreme Court has made clear that “when the evidence is not…