Legal Opinion · Concurring in part, dissenting in part

Bass v. State

Court of Appeals of Georgia

Decided June 10, 1999No. A99A0210Published

1Concurring in part, dissenting in partRuffin, Judge

I concur in the Court’s opinion, except for its holding in Division 2. Venue is an essential element that must be proved by the prosecution beyond a reasonable doubt. Graves v. State, 269 Ga. 772, 773 (1) (504 SE2d 679) (1998). I remain steadfast in my belief that the testimony of the arresting officer regarding the county in which he works is not sufficient to prove venue beyond a reasonable doubt. See Frisbey v. State, 236 Ga. App. 883, 886 (514 SE2d 453) (1999) (Ruffin, *507J., dissenting); Joiner v. State, 231 Ga. App. 61, 63 (497 SE2d 642) (1998) (Ruffin, J., dissenting); Brinkworth v.…

2Cases cited4 opinions

  1. Graves v. StateSupreme Court of Georgia · 1998
  2. Joiner v. StateCourt of Appeals of Georgia · 1998
  3. Brinkworth v. StateCourt of Appeals of Georgia · 1996
  4. Frisbey v. StateCourt of Appeals of Georgia · 1999

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