Brinkworth v. State

As stated in Division 1 of the majority opinion, the only evidence “proving” venue in DeKalb County was the victim’s testimony that she “guessed” the crime occurred there. Although Casey v. State, 133 Ga. App. 161 (1) (210 SE2d 375) (1974), relied on by the majority, provides authority for its decision, I believe Casey was wrongly decided and should be overruled. Accordingly, I respectfully dissent.

The United States Supreme Court has observed that venue is a matter that touches “closely the fair administration of criminal justice and public confidence in it[,]” and commanded that we not treat…