Loftin v. State, 195 S.E.2d 402 (Ga. 1973). · Go Syfert
Loftin v. State, 195 S.E.2d 402 (Ga. 1973). Cases Citing This Book View Copy Cite
99 citation events across 3 distinct courts.
Strongest positive: Jordan v. State (gactapp, 2000-03-01)
Treatment trajectory · 1972 → 2026 · click a year to view as-of
1972 1999 2026
Top citers, strongest first. 31 distinct citers. How cited ↗
discussed Cited as authority (rule) Jordan v. State
Ga. Ct. App. · 2000 · confidence medium
VI. 8 Graves v. State, 269 Ga. 772, 773 (1) ( 504 SE2d 679 ) (1998). 9 Loftin v. State, 230 Ga. 92, 94 ( 195 SE2d 402 ) (1973). 10 Howard v. State, 181 Ga. App. 187, 189-190 ( 351 SE2d 550 ) (1986) (whole court), citing Goldstein v. State, 94 Ga. App. 437 (3) ( 95 SE2d 47 ) (1956). 11 Womble v. State, 107 Ga. 666, 669 (3), (4) ( 33 SE 630 ) (1899).
discussed Cited as authority (rule) In Re NTS
Ga. Ct. App. · 2000 · confidence medium
Graves, supra at 772 , 504 S.E.2d 679 . [3] Baker v. State, 55 Ga.App. 159 , 189 S.E. 364 (1937); see also Minter v. State, supra at 629, 373 S.E.2d 359 ; Loftin v. State, 230 Ga. 92, 93-94 (2), 195 S.E.2d 402 (1973); Womble v. State, 107 Ga. 666, 669 (3), 33 S.E. 630 (1899); Porter v. State of Ga., 76 Ga. 658, 660 (2) (1886); Clark v. State, 213 Ga.App. 313, 315 (3), 444 S.E.2d 806 (1994); Inman v. State, 195 Ga.App. 805 , 395 S.E.2d 52 (1990); In re J.B., 183 Ga.App. 229 , 358 S.E.2d 620 (1987).
discussed Cited as authority (rule) In the Interest of N. T. S.
Ga. Ct. App. · 2000 · confidence medium
Baker v. State, 55 Ga. App. 159 ( 189 SE 364 ) (1937); see also Minter v. State, supra at 629; Loftin v. State, 230 Ga. 92, 93-94 (2) ( 195 SE2d 402 ) (1973); Womble v. State, 107 Ga. 666, 669 (3) ( 33 SE 630 ) (1899); Porter v. State of Ga., 76 Ga. 658, 660 (2) (1886); Clark v. State, 213 Ga. App. 313, 315 (3) ( 444 SE2d 806 ) (1994); Inman v. State, 195 Ga. App. 805 ( 395 SE2d 52 ) (1990); In re J.
examined Cited as authority (rule) Hall v. State (4×)
Ga. Ct. App. · 1997 · confidence medium
Aldridge v. State, 236 Ga. 773, 774 (1) ( 225 SE2d 421 ) (1976); Loftin v. State, 230 Ga. 92, 93-94 (2) ( 195 SE2d 402 ) (1973).
discussed Cited as authority (rule) Smith v. State
Ga. Ct. App. · 1991 · confidence medium
In Loftin v. State, 230 Ga. 92, 93 ( 195 SE2d 402 ) (1973), the Court “recognize[d] the rule that a defendant cannot be tried simultaneously under two or more indictments for unrelated offenses without his consent, as stated in Bradford v. State, 126 Ga. App. 688 ( 191 SE2d 545 ) and as recognized by this court in numerous cases, . . .” As said there, this applies in jury cases, which this case is.
cited Cited as authority (rule) Adcock v. State
Ga. Ct. App. · 1990 · confidence medium
Loftin v. State, 230 Ga. 92, 94 (2) ( 195 SE2d 402 ) (1973); Hunter v. State, 191 Ga. App. 219, 220 ( 381 SE2d 525 ) (1989); Woodruff v. State, 191 Ga. App. 338 ( 381 SE2d 582 ) (1989). 3.
cited Cited as authority (rule) White v. State
Ga. Ct. App. · 1989 · confidence medium
Loftin v. State, 230 Ga. 92, 94 (2) ( 195 SE2d 402 ) (1973).
cited Cited as authority (rule) Woodruff v. State
Ga. Ct. App. · 1989 · confidence medium
The evidence here, direct and circumstantial, was sufficient to prove venue of the crimes in [Whitfield] County.” Loftin v. State, 230 Ga. 92, 93-94 (2) ( 195 SE2d 402 ) (1973).
cited Cited as authority (rule) Parrott v. State
Ga. Ct. App. · 1989 · confidence medium
Loftin v. State, 230 Ga. 92, 94 ( 195 SE2d 402 ).” McCord v. State, 248 Ga. 765, 766 ( 285 SE2d 724 ).
cited Cited as authority (rule) Felton v. State
Ga. Ct. App. · 1987 · confidence medium
Loftin v. State, 230 Ga. 92, 94 ( 195 SE2d 402 ) (1973).
discussed Cited as authority (rule) Hernandez v. State (2×)
Ga. Ct. App. · 1987 · confidence medium
Loftin v. State, 230 Ga. 92, 94 ( 195 SE2d 402 ).” Keri v. State, 179 Ga. App. 664, 668 (5) ( 347 SE2d 236 ).
cited Cited as authority (rule) Phelps v. State
Ga. Ct. App. · 1986 · confidence medium
Loftin v. State, 230 Ga. 92, 93 ( 195 SE2d 402 ); Carter v. State, 137 Ga. App. 824, 826 (4) ( 225 SE2d 73 ).
cited Cited as authority (rule) Keri v. State
Ga. Ct. App. · 1986 · confidence medium
Loftin v. State, 230 Ga. 92, 94 ( 195 SE2d 402 ).
cited Cited as authority (rule) Taylor v. State
Ga. Ct. App. · 1985 · confidence medium
Loftin v. State, 230 Ga. 92, 94 (2) ( 195 SE2d 402 ) (1973).
cited Cited as authority (rule) Trogdon v. State
Ga. Ct. App. · 1985 · confidence medium
Loftin v. State, 230 Ga. 92, 94 ( 195 SE2d 402 ) (1973).
discussed Cited as authority (rule) Stevens v. State
Ga. Ct. App. · 1983 · confidence medium
“Evidence of venue, though slight, is sufficient in the absence of conflicting evidence. [Cit.] Venue may be proved by circumstantial as well as direct evidence.” Loftin v. State, 230 Ga. 92, 93 (2) ( 195 SE2d 402 ) (1973).
discussed Cited as authority (rule) Melton v. State
Ga. Ct. App. · 1983 · confidence medium
“Evidence of venue, though slight, is sufficient in the absence of conflicting evidence. [Cit.] Venue may be proved by circumstantial as well as direct evidence.” Loftin v. State, 230 Ga. 92, 93 (2) ( 195 SE2d 402 ) (1973).
cited Cited as authority (rule) McCord v. State
Ga. · 1982 · confidence medium
Loftin v. State, 230 Ga. 92, 94 ( 195 SE2d 402 ) (1973).
cited Cited as authority (rule) Moss v. State
Ga. Ct. App. · 1981 · confidence medium
Loftin v. State, 230 Ga. 92, 94 ( 195 SE2d 402 ) (1973).
cited Cited as authority (rule) Whitfield v. State
Ga. Ct. App. · 1981 · confidence medium
Venue may be proved by circumstantial as well as direct evidence.” Loftin v. State, 230 Ga. 92, 93 ( 195 SE2d 402 ) (1973).
cited Cited as authority (rule) Patterson v. State
Ga. Ct. App. · 1981 · confidence medium
Loftin v. State, 230 Ga. 92, 94 ( 195 SE2d 402 ) (1973).
cited Cited as authority (rule) Jones v. State
Ga. · 1980 · confidence medium
Loftin v. State, 230 Ga. 92, 94 ( 195 SE2d 402 ) (1973).
cited Cited as authority (rule) Rutledge v. State
Ga. Ct. App. · 1979 · confidence medium
Loftin v. State, 230 Ga. 92, 93 ( 195 SE2d 402 ); Carter v. State, 137 Ga. App. 824, 826 (4) ( 225 SE2d 73 ).
discussed Cited as authority (rule) Alderman v. State (2×)
Ga. · 1978 · confidence medium
Loftin v. State, 230 Ga. 92, 94 ( 195 SE2d 402 ) (1973).
cited Cited as authority (rule) Johns v. State
Ga. · 1977 · confidence medium
"Venue may be proved by circumstantial as well as direct evidence.” Loftin v. State, 230 Ga. 92, 94 ( 195 SE2d 402 ) (1973).
cited Cited as authority (rule) Bennett v. State
Ga. Ct. App. · 1977 · confidence medium
"Evidence of venue, though slight, is sufficient in the absence of conflicting evidence.” Loftin v. State, 230 Ga. 92, 93 ( 195 SE2d 402 ) (1973).
cited Cited as authority (rule) Phillips v. Abel
Ga. Ct. App. · 1977 · confidence medium
Aldridge v. State, 236 Ga. 773, 774 ( 225 SE2d 421 );Loftin v. State, 230 Ga. 92, 93 ( 195 SE2d 402 ); Carter v. State, 137 Ga. App. 824, 826 (4) ( 225 SE2d 73 ).
cited Cited as authority (rule) Carter v. State
Ga. Ct. App. · 1976 · confidence medium
"Evidence of venue, though slight, is sufficient in the absence of conflicting evidence.” Loftin v. State, 230 Ga. 92, 93 ( 195 SE2d 402 ). 5.
cited Cited as authority (rule) Hardin v. State
Ga. Ct. App. · 1976 · confidence medium
"Venue may be proved by circumstantial as well as direct evidence.” Loftin v. State, 230 Ga. 92, 94 ( 195 SE2d 402 ).
discussed Cited as authority (rule) Quarles v. State
Ga. Ct. App. · 1974 · confidence medium
As pointed out in Loftin v. State, 230 Ga. 92, 93 ( 195 SE2d 402 ), § 26-506 of the Criminal Code of Georgia (Ga. L. 1968, pp. 1249, 1267) requires a single prosecution for multiple offenses involving the same conduct.
discussed Cited "see" Worth v. State (2×)
Ga. Ct. App. · 1986 · signal: see · confidence high
See Loftin v. State, 230 Ga. 92, 94 ( 195 SE2d 402 ) (1973).
Retrieving the full opinion text from the archive…
Loftin
v.
the State
27586.
Supreme Court of Georgia.
Jan 23, 1973.
195 S.E.2d 402
Glenn Zell, for appellant., Lewis R. Slaton, District Attorney, Morris H. Rosenberg, Joel M. Feldman, Isaac Jenrette, Arthur K. Bolton, Attorney General, Harold N. Hill, Jr., Executive Assistant Attorney General, Courtney Wilder Stanton, Daniel I. MacIntyre, Assistant Attorneys General, for appellee.
Jordan.
Cited by 48 opinions  |  Published
Jordan, Justice.

The defendant waived jury trial and was found guilty on indictments charging him with rape, and armed robbery, misdemeanor pistol, and auto theft. The first three indictments grew out of an occurrence on September 9, 1971, in which the state’s evidence showed that he forced himself at gunpoint into his victim’s car at 1:00 a.m. near Underground Atlanta, drove her to a secluded spot where he twice raped her at gunpoint, and took some twenty-three dollars from her purse. When he stopped at a service station for gas, the victim grabbed his pistol, jumped from the car and called the police. The auto theft indictment on which he was convicted arose from a separate event on September 25, 1971. The defendant appeals, enumerating error on the ground that defendant was entitled to a separate trial on the auto theft indictment and that the state failed to prove venue in Fulton County in the rape and related cases. Held:

1. The first enumeration of error is without merit since the record fails to show that a proper objection was made in the trial court to the state proceeding on all the indictments in one trial. Defendant’s counsel merely stated that objection was made "to the State proceeding against him on all indictments. They are[*93] separate indictments.” The court overruled the motion and the cases proceeded to trial.

That the state could proceed on the first three indictments, as the defendant concedes, is in our opinion obviously controlled by the provisions of § 26-506 of the Criminal Code requiring a single prosecution for multiple offenses involving the same conduct known to the prosecuting officer and within the jurisdiction of a single court, except where the trial judge in the interest of justice may order separate trials for one or more of the charges. See, in this connection, Henderson v. State, 227 Ga. 68, 76 (179 SE2d 76); Pass v. State, 227 Ga. 730 (182 SE2d 779); Steele v. State, 227 Ga. 653 (182 SE2d 475).

Assuming arguendo that a proper demand was made for a separate trial on the indictment for auto theft, an offense not arising from the same conduct involved in the other indictments, we recognize the rule that a defendant cannot be tried simultaneously under two or more indictments for unrelated offenses without his consent, as stated in Bradford v. State, 126 Ga. App. 688 (191 SE2d 545) and as recognized by this court in numerous cases, e.g., McGill v. State, 226 Ga. 802 (177 SE2d 675); Morris v. Aderhold, 201 Ga. 533, 536 (40 SE2d 747); Sides v. State, 213 Ga. 482 (99 SE2d 884). However, this rule, insofar as it may be applicable to situations outside the scope of § 26-506 of the Criminal Code, is for application only to jury trials, involving a possibility of prejudice where a single jury is permitted to consider all alleged offenses, as distinguished from the situation here where the defendant had waived trial by jury, and was thus subject to trial before a judge acting as a trior of law and fact and who, had he granted severance, would nevertheless have been qualified to try by separate trial the charges which were tried simultaneously.

2. Evidence of venue, though slight, is sufficient in the[*94] absence of conflicting evidence. Climer v. State, 204 Ga. 776 (51 SE2d 802). Venue may be proved by circumstantial as well as direct evidence. The evidence here, direct and circumstantial, was sufficient to prove venue of the crimes in Fulton County.

Submitted December 12, 1972 Decided January 23, 1973. Glenn Zell, for appellant. Lewis R. Slaton, District Attorney, Morris H. Rosenberg, Joel M. Feldman, Isaac Jenrette, Arthur K. Bolton, Attorney General, Harold N. Hill, Jr., Executive Assistant Attorney General, Courtney Wilder Stanton, Daniel I. MacIntyre, Assistant Attorneys General, for appellee.

Judgment affirmed.

All the Justices concur.