Davis v. State

Phipps, Chief Judge.

Charles Davis was convicted in the Superior Court of Morgan County of two counts of theft by deception,1 in connection with his receipt of funds sent by wire transfer. Davis appeals, contending, among other things, that the trial court erred by denying his motion for new trial, in which he complained that the state had failed to prove that venue was proper in Morgan County. Because there was no *827evidence that Davis had exercised control over the funds in Morgan County, we reverse. However, inasmuch as “[t]he failure to establish venue does not bar retrial in a court where…