Melton v. State

Marshall, Presiding Justice.

This is a case in which a convicted child-molester argued, for the first time at his sentencing hearing, that the evidence adduced at trial was insufficient to prove venue in the county of the superior court in which the trial was held, i.e., Fulton County. Therefore, the defendant argues that his conviction must be reversed, and he further argues that his retrial is barred under the Double Jeopardy Clause.

The proof here showed that on three occasions the defendant forcibly had sexual relations with his stepdaughter, who was 11 years of age at the time of trial,…