The State v. Robertson

ANDREWS, Presiding Judge.

Following a jury trial, David Robertson was convicted of two counts of rape and two counts of aggravated sodomy. Robertson filed a motion for new trial, which the trial court granted, finding that the State failed to prove venue in Fulton County beyond a reasonable doubt. The State now appeals, arguing that it presented sufficient evidence as to venue. For the reasons that follow, we affirm.

We first address the standard of review. OCGA § 5-5-50 states: “The first grant of a new trial shall not be disturbed by an appellate court unless the appellant shows that the…