Legal Opinion

Joiner v. State

Court of Appeals of Georgia

Decided March 10, 1998No. A97A2486PublishedCited by 27 opinions

1Opinion of the Court

Smith, Judge.

Brenda Joiner was convicted following a bench trial in Troup County of DUI and driving with a suspended license. Joiner appeals, raising for the first time on appeal her sole contention that the State failed td'prove venue beyond a reasonable doubt. We do not agree.

Criminal actions generally must be tried in the county where the crime occurred. OCGA § 17-2-1 (a). Proof of venue is an essential element in proving guilt in a criminal case, and “‘[l]ike every other material allegation in the indictment it must be proved beyond a reasonable doubt.’ [Cits.]” Thayer v. State, 189 Ga.…

2Cases cited13 opinions

  1. Minter v. StateSupreme Court of Georgia · 1988
  2. Dickerson v. StateSupreme Court of Georgia · 1938
  3. Thayer v. StateCourt of Appeals of Georgia · 1988
  4. Porter v. StateSupreme Court of Georgia · 1886
  5. Baker v. StateCourt of Appeals of Georgia · 1937

8 more not listed; retrieve them via the Exa API.

3Cited by27 opinions

  1. Jones v. StateSupreme Court of Georgia · 2000
  2. Chapman v. StateSupreme Court of Georgia · 2002
  3. State v. KirbabasCourt of Appeals of Georgia · 1998
  4. Bradley v. StateCourt of Appeals of Georgia · 1999
  5. Frisbey v. StateCourt of Appeals of Georgia · 1999

22 more not listed; retrieve them via the Exa API.

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