Chapman v. State, 565 S.E.2d 442 (Ga. 2002). · Go Syfert
Chapman v. State, 565 S.E.2d 442 (Ga. 2002). Cases Citing This Book View Copy Cite
217 citation events (217 in the last 25 years) across 2 distinct courts.
Strongest positive: Worthen v. State (ga, 2019-01-22)
Treatment trajectory · 2002 → 2026 · click a year to view as-of
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Top citers, strongest first. 50 distinct citers.
discussed Cited as authority (rule) Worthen v. State
Ga. · 2019 · confidence medium
But even if the witnesses were being that precise, the jurors could quite reasonably infer that the sidewalk and street just in front of that property were also located in Fulton County, there being no reason founded on the Gosha and Jones include Jones v. State, 301 Ga. 1, 5 ( 799 SE2d 196 ) (2017); Propst, 299 Ga. at 561 ; Henry v. State, 278 Ga. 554, 555 ( 604 SE2d 469 ) (2004); Allen v. State, 277 Ga. 711, 712 ( 593 SE2d 662 ) (2004); Chapman v. State, 275 Ga. 314, 317 ( 565 SE2d 442 ) (2002); Robinson v. State, 275 Ga. 143, 144 ( 561 SE2d 823 ) (2002); In the Interest of M.
discussed Cited as authority (rule) De La Hernandez v. State
Ga. · 2019 · confidence medium
And where, as here, it is not readily determinable in a murder case where the cause of death was inflicted or where the death occurred, then we must sustain the verdict if the evidence was sufficient to permit a rational trier of fact to find beyond a reasonable doubt that the body was found in the county where the defendant was indicted.2 Chapman v. State, 275 Ga. 314, 317 ( 565 SE2d 442 ) (2002).
cited Cited as authority (rule) Ricky Awtrey v. State
Ga. Ct. App. · 2018 · confidence medium
See Propst, 299 Ga. at 561 (1) (b); Chapman v. State, 275 Ga. 314, 317-18 (4) ( 565 SE2d 442 ) (2002).
cited Cited as authority (rule) Ware v. State
Ga. · 2018 · confidence medium
Chapman v. State, 275 Ga. 314, 316 ( 565 SE2d 442 ) (2002).
cited Cited as authority (rule) Benton v. State
Ga. · 2017 · confidence medium
Chapman v. State, 275 Ga. 314, 317 (4) ( 565 SE2d 442 ) (2002).
discussed Cited as authority (rule) Benton v. State
Ga. · 2017 · confidence medium
Chapman v. State, 275 Ga. 314, 317 (4) ( 565 SE2d 442 ) (2002). 4 for malice murder.” Chester v. State, 284 Ga. 162, 162 (1) ( 664 SE2d 220 ) (2008), overruled on other grounds by Williams v. State, 287 Ga. 192, 194 ( 695 SE2d 244 ) (2010), and Harper v. State, 286 Ga. 216, 218 (1) ( 686 SE2d 786 ) (2009). “[A]s no merger occurred, [Benton] should have been sentenced on [the possession of a firearm] count.” Hulett v. State, 296 Ga. 49, 55 (2) (b) ( 766 SE2d 1 ) (2014).
discussed Cited as authority (rule) Jones v. State
Ga. · 2017 · confidence medium
See Twitty v. State, 298 Ga. 204, 206-208 (2) ( 779 SE2d 298 ) (2015) (reversing defendant’s murder conviction because the “cause of death” was “inflicted on a boat ramp” and there was no evidence showing that the boat ramp was located in the county where the defendant was tried); Jones v. State, 272 Ga. 900, 903-904 (3) ( 537 SE2d 80 ) (2000) (evidence that murder location was on a certain street and was across from a home located in Fulton County was insufficient to establish venue); King v. State, 271 Ga. App. 384, 387 (1) ( 609 SE2d 725 ) (2005) (“Establishing the venue of a ne…
discussed Cited as authority (rule) Jones v. State
Ga. · 2017 · confidence medium
See Twitty v. State, 298 Ga. 204, 206-208 (2) ( 779 SE2d 298 ) (2015) (reversing defendant’s murder conviction because the “cause of death” was “inflicted on a boat ramp” and there was no evidence showing that the boat ramp was located in the county where the defendant was tried); Jones v. State, 272 Ga. 900, 903-904 (3) ( 537 SE2d 80 ) (2000) (evidence that murder location was on a certain street and was across from a home located in Fulton County was insufficient to establish venue); King v. State, 271 Ga. App. 384, 387 (1) ( 609 SE2d 725 ) (2005) (“Establishing the venue of a ne…
discussed Cited as authority (rule) Payne v. State (2×)
Ga. Ct. App. · 2016 · confidence medium
And “[establishing the venue of a near-by site does not establish the venue of the [crime] site itself.” Chapman v. State, 275 Ga. 314, 317 (4) ( 565 SE2d 442 ) (2002).
discussed Cited as authority (rule) John Robert Payne, Jr. v. State (2×)
Ga. Ct. App. · 2016 · confidence medium
And “[e]stablishing the venue of a near-by site does not establish the venue of the [crime] site itself.” Chapman v. State, 275 Ga. 314, 317 (4) ( 565 SE2d 442 ) (2002).
examined Cited as authority (rule) Propst v. State (7×) also: Cited "see"
Ga. · 2016 · confidence medium
Similar to reviewing a challenge to the sufficiency of the evidence, we view the evidence of venue “in a light most favorable to support the verdict and determine whether the evidence was sufficient to permit a rational trier of fact to find beyond a reasonable doubt that the crime was committed in the county where the defendant was indicted.” Chapman v. State, 275 Ga. 314, 317 (4) ( 565 SE2d 442 ) (2002).
discussed Cited as authority (rule) Twitty v. State
Ga. · 2015 · confidence medium
The State also points to evidence that Richmond County law enforcement officers undertook to investigate the killing of Mosley, and citing Chapman v. State, 275 Ga. 314, 317-318 (4) ( 565 SE2d 442 ) (2002), the State argues that this evidence is some proof that the crime was committed in Richmond County.
discussed Cited as authority (rule) Hogan v. the State
Ga. Ct. App. · 2015 · confidence medium
VI (“[A]ll criminal cases shall be tried in the county where the crime was committed, except cases in the superior courts where the judge is satisfied that an impartial jury cannot be obtained in such county.”); OCGA § 17-2-2 (a). 21 Brewster v. State, 300 Ga. App. 143, 144 ( 684 SE2d 309 ) (2009). 22 Armstrong v. State, 286 Ga. 420, 421 (2) ( 688 SE2d 629 ) (2010). 23 Barkley v. State, 302 Ga. App. 437, 438 ( 691 SE2d 306 ) (2010) (punctuation omitted). 24 See Trammell v. State, 328 Ga. App. 45, 49 (2) (b) ( 761 SE2d 470 ) (2014) (finding that there was sufficient circumstantial evidence…
cited Cited as authority (rule) Wofford v. State
Ga. Ct. App. · 2014 · confidence medium
(Citations omitted.) Chapman v. State, 275 Ga. 314, 317 (4) ( 565 SE2d 442 ) (2002).
cited Cited as authority (rule) Chad Randall Wofford v. State
Ga. Ct. App. · 2014 · confidence medium
(Citations omitted.) Chapman v. State, 275 Ga. 314, 317 (4) ( 565 SE2d 442 ) (2002).
examined Cited as authority (rule) Trammell v. State (4×) also: Cited "see"
Ga. Ct. App. · 2014 · confidence medium
(Citations omitted.) Chapman v. State, 275 Ga. 314, 317 (4) ( 565 SE2d 442 ) (2002).
examined Cited as authority (rule) Eddie Trammell v. State (4×) also: Cited "see"
Ga. Ct. App. · 2014 · confidence medium
(Citations omitted.) Chapman v. State, 275 Ga. 314, 317 (4) ( 565 SE2d 442 ) (2002).
cited Cited as authority (rule) Sutton v. State
Ga. · 2014 · confidence medium
Chapman v. State, 275 Ga. 314, 319 (5) (a) ( 565 SE2d 442 ) (2002). 6.
discussed Cited as authority (rule) Flournoy v. State
Ga. · 2014 · confidence medium
Chapman v. State, 275 Ga. 314, 318 (5) (a) ( 565 SE2d 442 ) (2002). *750 Williams argues he was provoked by Gaddis’s physical aggression in the back seat of the car and that, since the robbery was complete at that point, the rule that a voluntary manslaughter instruction is not warranted when the only evidence of provocation is the victim’s resisting armed robbery does not bar his right to an instruction in this case.
cited Cited as authority (rule) King v. State
Ga. Ct. App. · 2013 · confidence medium
(Citation omitted.) Chapman v. State, 275 Ga. 314, 317 (4) ( 565 SE2d 442 ) (2002), citing Jones v. State, 272 Ga. 900, 903-904 (3) ( 537 SE2d 80 ) (2000).
discussed Cited as authority (rule) Michael Rossini King v. State (2×)
Ga. Ct. App. · 2013 · confidence medium
As an appellate court, we view the evidence in a light most favorable to support the verdict and determine whether the evidence was sufficient to permit a rational trier of fact to find beyond a reasonable doubt that the crime was committed in the county where the defendant was indicted.6 Pursuant to OCGA § 17-2-2 (e), “[i]f a crime is committed upon any . . . vehicle . . . traveling within this state and it cannot readily be determined in which county the crime was committed, the crime shall be considered as having been committed in any county in which the crime could have been committed t…
examined Cited as authority (rule) Perkins v. State (4×)
Ga. Ct. App. · 2013 · confidence medium
(Citations omitted.) Chapman v. State, 275 Ga. 314, 317 (4) ( 565 SE2d 442 ) (2002), citing Ga. Const. 1983, Art.
examined Cited as authority (rule) Adrian Perkins v. State (4×)
Ga. Ct. App. · 2013 · confidence medium
“Establishing the venue of a near-by site does not establish the venue of the murder site itself.”6 There was, however, 5 (Citations omitted.) Chapman v. State, 275 Ga. 314, 317 (4) ( 565 SE2d 442 ) (2002), citing Ga. Const. 1983, Art.
discussed Cited as authority (rule) Melvin Gaston v. State
Ga. Ct. App. · 2012 · confidence medium
See State v. Prescott, 290 Ga. 528, 529-530 ( 722 SE2d 738 ) (2012); Chapman v. State, 275 Ga. 314, 317-318 (4) ( 565 SE2d 442 ) (2002); West v. State, 296 Ga. App. 58, 59-60 (1) ( 673 SE2d 558 ) (2009). 3.
discussed Cited as authority (rule) Gaston v. State
Ga. Ct. App. · 2012 · confidence medium
See State v. Prescott, 290 Ga. 528, 529-530 ( 722 SE2d 738 ) (2012); Chapman v. State, 275 Ga. 314, 317-318 (4) ( 565 SE2d 442 ) (2002); West v. State, 296 Ga. App. 58, 59-60 (1) ( 673 SE2d 558 ) (2009). 3.
discussed Cited as authority (rule) Taylor v. State
Ga. Ct. App. · 2012 · confidence medium
Miller and Blackwell, JJ., concur. 1 Jones v. State, 272 Ga. 900, 901 (2) ( 537 SE2d 80 ) (2000). 2 (Citations omitted.) Chapman v. State, 275 Ga. 314, 317 (4) ( 565 SE2d 442 ) (2002). 3 (Citations and punctuation omitted.) Price v. State, 303 Ga. App. 859, 865 (4) (a) ( 694 SE2d 712 ) (2010). 4 See Brinson v. State, 289 Ga. 150, 152 (2) ( 709 SE2d 789 ) (2011), citing Chapman, supra at 317-318 . 5 Reese v. State, 270 Ga. App. 522, 523 ( 607 SE2d 165 ) (2004). 6 See Jackson v. Virginia, 443 U. S. 307, 319 (III) (B) (99 SC 2781, 61 LE2d 560) (1979). 7 See Price, supra at 865 (4) (a) (testimony …
discussed Cited as authority (rule) Boyd v. State
Ga. Ct. App. · 2012 · confidence medium
See generally OCGA § 1-3-1 *885 (b) (“In all interpretations of statutes, the ordinary signification shall be applied to all words, except words of art or words connected with a particular trade or subject matter, which shall have the signification attached to them by experts in such trade or with reference to such subject matter.”); Tatis v. State, 289 Ga. 811, 813 ( 716 SE2d 203 ) (2011) (relying on Black’s Law Dictionary and Webster’s Third International Dictionary to interpret unambiguous words in a statute). 9 See generally Navarrete v. State, 283 Ga. 156, 158 (1) ( 656 SE2d 814 …
discussed Cited as authority (rule) Thompson v. Brown (2×) also: Cited "see"
Ga. · 2011 · confidence medium
We have noted before that, “[i]n light of the ease with which venue [generally] can be proved, it is difficult to understand why the appellate courts are repeatedly faced with this issue.” Chapman, 275 Ga. at 317, n. 4 .
discussed Cited as authority (rule) Powers v. State
Ga. Ct. App. · 2011 · confidence medium
Moreover, although the State expresses some frustration with the evolution of the law in this area, our appellate courts have likewise repeatedly expressed frustration with the state’s failure to prove venue since it seems to us in many instances, and especially in cases such as this one where direct evidence of venue was readily available and there was no dispute about the location of the crime, that “[plroving venue is a simple exercise that generally requires the asking of one question.” Chapman v. State, 275 Ga. 314, 317 (4), n. 4 ( 565 SE2d 442 ) (2002).
discussed Cited as authority (rule) Mock v. State
Ga. Ct. App. · 2010 · confidence medium
The trial court denied the motion for new trial on the other grounds Mock alleged. 5 (Citations omitted.) Preval v. State, 302 Ga. App. 785 (1) ( 692 SE2d 51 ) (2010). 6 (Footnotes omitted.) Graham v. State, 275 Ga. 290, 292 (2) ( 565 SE2d 467 ) (2002). 7 Chapman v. State, 275 Ga. 314, 317 (4) ( 565 SE2d 442 ) (2002). 8 (Footnote omitted.) Graham, 275 Ga. at 293 (2). 9 Jones v. State, 272 Ga. 900, 904 (3) ( 537 SE2d 80 ) (2000). 10 In the Interest of D.
discussed Cited as authority (rule) Price v. State
Ga. Ct. App. · 2010 · confidence medium
Jackson v. Virginia, 443 U. S. 307, 319 (III) (B) (99 SC 2781, 61 LE2d 560) (1979). 2 In fact, at trial, Price told the jury that he was guilty of the similar transactions and that he had “nothing to hide about this whole situation.” Price also elicited evidence at trial that he had served nine years in prison for the crimes. 3 (Citations omitted.) Chapman v. State, 275 Ga. 314, 317-318 (4) ( 565 SE2d 442 ) (2002).
discussed Cited as authority (rule) Scott v. State
Ga. Ct. App. · 2010 · confidence medium
Barnes and Bernes, JJ., concur. 1 OCGA § 16-5-21 (a) (3). 2 OCGA § 16-5-24 (a). 3 Short v. State, 234 Ga. App. 633, 634 (1) ( 507 SE2d 514 ) (1998). 4 Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979). 5 Ford v. State, 280 Ga. App. 580 ( 634 SE2d 522 ) (2006). 6 Eberhart v. State, 248 Ga. App. XXVI (2001) (not officially reported). 7 Chapman v. State, 275 Ga. 314, 317 (4) ( 565 SE2d 442 ) (2002). 8 In the Interest of B.
cited Cited as authority (rule) Kimble v. State
Ga. Ct. App. · 2009 · confidence medium
(Citations omitted.) Chapman v. State, 275 Ga. 314, 317-318 (4) ( 565 SE2d 442 ) (2002).
cited Cited as authority (rule) Martin v. State
Ga. Ct. App. · 2009 · confidence medium
(Citations omitted.) Chapman v. State, 275 Ga. 314, 317 (4) ( 565 SE2d 442 ) (2002).
examined Cited as authority (rule) Miller v. State (4×) also: Cited "see"
Ga. Ct. App. · 2009 · confidence medium
In light of the ease with which venue can be proved, it is difficult to understand why the appellate courts are repeatedly faced with this issue.” Chapman, 275 Ga. at 317 (4), n. 4.
cited Cited as authority (rule) Baker v. State
Ga. Ct. App. · 2008 · confidence medium
(Citations omitted.) Chapman v. State, 275 Ga. 314, 317 (4) (565 *168 SE2d 442) (2002).
discussed Cited as authority (rule) In Re La
Ga. Ct. App. · 2008 · confidence medium
NOTES [1] In the Interest of R.F., 279 Ga.App. 708 , 632 S.E.2d 452 (2006). [2] See id. [3] See Miranda v. Arizona, 384 U.S. 436 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 (1966). [4] Williams v. State, 273 Ga.App. 42, 45 (4), 614 S.E.2d 146 (2005). [5] See Attaway v. State, 244 Ga.App. 5, 7 , 534 S.E.2d 580 (2000). [6] See Williams, supra at 45-46 , 614 S.E.2d 146 . [7] (Punctuation omitted.) Chapman v. State, 275 Ga. 314, 315 (2), 565 S.E.2d 442 (2002). [8] See id.; Ward v. State, 242 Ga.App. 246, 247 (1), 529 S.E.2d 378 (2000). [9] When the juvenile court questioned Dura about this contradiction, Dur…
cited Cited as authority (rule) In the Interest of L. A.
Ga. Ct. App. · 2008 · confidence medium
(Punctuation omitted.) Chapman v. State, 275 Ga. 314, 315 (2) ( 565 SE2d 442 ) (2002).
discussed Cited as authority (rule) Payne v. State (2×)
Ga. Ct. App. · 2008 · confidence medium
“In light of the well-settled principle that public officials are believed to have performed their duties properly and not to have exceeded their authority unless clearly proven otherwise, the jury was authorized to find the [DFCS employees] acted within the territorial jurisdiction in which [they] testified [they were] employed.” Chapman v. State, 275 Ga. 314, 317-318 (4) ( 565 SE2d 442 ) *591 (2002).
discussed Cited as authority (rule) In Re Br (2×)
Ga. Ct. App. · 2007 · confidence medium
And even when the Supreme Court's ruling is implied, `[i]t is a controlling pronouncement which overrides the developments in the Court of Appeals." Fuller v. State, 235 Ga.App. 436, 438 (2), 509 S.E.2d 79 (1998). *175 The dissent's position is tantamount to an overruling of the binding Supreme Court of Georgia precedent of Thompson. [4] Chapman v. State, 275 Ga. 314, 317-318 (4), 565 S.E.2d 442 (2002), upon which the dissent relies, is not inconsistent with Thompson because the investigating officer's county of jurisdiction was not the sole evidence of venue.
discussed Cited as authority (rule) In the Interest of B. R. (2×)
Ga. Ct. App. · 2007 · confidence medium
The dissent’s position is tantamount to an overruling of the binding Supreme Court of Georgia precedent of Thompson 4 Chapman v. State, 275 Ga. 314, 317-318 (4) ( 565 SE2d 442 ) (2002), upon which the dissent relies, is not inconsistent with Thompson because the investigating officer’s county of jurisdiction was not the sole evidence of venue.
cited Cited as authority (rule) Prudhomme v. State
Ga. Ct. App. · 2007 · confidence medium
(Citation omitted.) Chapman v. State, 275 Ga. 314, 317 (4) ( 565 SE2d 442 ) (2002).
cited Cited as authority (rule) Flanders v. State
Ga. Ct. App. · 2007 · confidence medium
(Citation omitted.) Chapman v. State, 275 Ga. 314, 317 (4) ( 565 SE2d 442 ) (2002).
discussed Cited as authority (rule) Harris v. State
Ga. Ct. App. · 2006 · confidence medium
VI; OCGA§ 17-2-2 (a). 10 (Footnote omitted.) Jones v. State, 272 Ga. 900, 901 (2) ( 537 SE2d 80 ) (2000). 11 Id. 12 Id. at 902-903 (2). 13 (Citations omitted.) Chapman v. State, 275 Ga. 314, 317 (4) ( 565 SE2d 442 ) (2002). 14 (Footnote omitted.) Gearin v. State, 255 Ga. App. 329, 334 (3) ( 565 SE2d 540 ) (2002).
discussed Cited as authority (rule) Gould v. State
Ga. Ct. App. · 2005 · confidence medium
Goldin, Jr., Assistant District Attorney, for appellee. 1 OCGA § 16-8-2. 2 Rasch v. State, 260 Ga. App. 379, 386 (3) ( 579 SE2d 817 ) (2003). 3 Odett v. State, 273 Ga. 353, 353-354 (1) ( 541 SE2d 29 ) (2001). 4 Westbrooks v. State, 263 Ga. App. 566 (1) ( 588 SE2d 335 ) (2003). 5 McMillan v. State, 266 Ga. App. 729, 731 (1) (a) ( 598 SE2d 17 ) (2004). 6 Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979); Rasch, supra at 388-389 (3) (b). 7 See Chapman v. State, 275 Ga. 314, 317 (4) ( 565 SE2d 442 ) (2002). 8 Id. 9 OCGA§ 16-8-11. 10 See Naylor v. State, 257 Ga. App. 899, 900 ( …
discussed Cited as authority (rule) Bravo v. State
Ga. Ct. App. · 2004 · confidence medium
Barnes and Mikell, JJ., concur. 1 OCGA § 16-6-1 (a). 2 OCGA § 16-5-41 (a). 3 OCGA § 16-11-106 (b). 4 Johnson v. State, 257 Ga. App. 30, 31 ( 570 SE2d 344 ) (2002). 5 Strickland v. Washington, 466 U. S. 668 (104 SC 2052, 80 LE2d 674) (1984). 6 Baynes v. State, 218 Ga. App. 687, 690-691 (4) ( 463 SE2d 144 ) (1995). 7 Nichols v. State, 177 Ga. App. 689, 693 (2) ( 340 SE2d 654 ) (1986). 8 Gosnell v. State, 247 Ga. App. 508, 510 (2) (c) ( 544 SE2d 477 ) (2001). 9 Branesky v. State, 262 Ga. App. 33, 35 (2) ( 584 SE2d 669 ) (2003). 10 Jones v. State, 246 Ga. App. 596, 597 (2) ( 539 SE2d 602 ) (200…
discussed Cited as authority (rule) Pippins v. State
Ga. Ct. App. · 2003 · confidence medium
Buice v. State, 239 Ga. App. 52, 58 (4) ( 520 SE2d 258 ) (1999). 1 OCGA § 16-6-4. 2 OCGA § 16-6-22.2. 4 Chapman v. State, 275 Ga. 314, 317 (4) ( 565 SE2d 442 ) (2002). 5 Harris v. State, 257 Ga. App. 42, 44 (1) ( 570 SE2d 353 ) (2002). 6 Robinson v. State, 275 Ga. 143, 144 (2) ( 561 SE2d 823 ) (2002). 8 Strickland, v. Washington, 466 U. S. 668, 687 (104 SC 2052, 80 LE2d 674) (1984). 9 Herndon v. State, 235 Ga. App. 258, 259 ( 509 SE2d 142 ) (1998). 10 Mack v. State, 242 Ga. App. 256, 258 (2) (c) ( 529 SE2d 393 ) (2000). 11 Allison v. State, 256 Ga. 851, 853 (6) ( 353 SE2d 805 ) (1987). 12 Wh…
cited Cited as authority (rule) Morris v. State
Ga. Ct. App. · 2003 · confidence medium
Chapman v. State, 275 Ga. 314, 317 (4) ( 565 SE2d 442 ) (2002).
discussed Cited as authority (rule) Chalifoux v. State
Ga. Ct. App. · 2003 · confidence medium
“As an appellate court, we view the evidence in a light most favorable to support the verdict and determine whether the evidence was sufficient to permit a rational trier of fact to find beyond a reasonable doubt that the crime was committed in the county where the defendant was indicted.” Chapman v. State, 275 Ga. 314, 317 ( 565 SE2d 442 ) (2002).
discussed Cited as authority (rule) Williams v. State
Ga. Ct. App. · 2003 · confidence medium
“As an appellate court, we view the evidence in a light most favorable to support the verdict and determine whether the evidence was suffi cient to permit a rational trier of fact to find, beyond a reasonable doubt that the crime was committed in the county where the defendant was indicted.” Chapman v. State, 275 Ga. 314, 317 ( 565 SE2d 442 ) (2002).
Chapman
v.
the State
S02A0230.
Supreme Court of Georgia.
Jun 10, 2002.
565 S.E.2d 442
Zell & Zell, Rodney S. Zell, for appellant., Paul L. Howard, Jr., District Attorney, Bettieanne C. Hart, Marc A. Mallon, Assistant District Attorneys, Thurbert E. Baker, Attorney General, Madonna M. Heinemeyer, Assistant Attorney General, for appellee.
Benham, Fletcher, Hines.
Cited by 91 opinions  |  Published
Benham, Justice.

In April 1989, Warren Jones was shot and killed by one of four armed men who confronted him and his companion and stole his automobile. Jones’s companion, Jeffrey O’Neal, was accosted by two of the four perpetrators and $60 was taken from him. In November 1995, a jury returned guilty verdicts against appellant James Chapman for malice murder, felony murder (aggravated assault and armed robbery being the underlying felonies) in connection with the death of Jones, two counts of armed robbery, and aggravated assault of O’Neal. The trial court sentenced appellant to life imprisonment for malice murder, imposed a consecutive 20-year term of imprisonment for the armed robbery of O’Neal, and determined that the remaining convictions merged. While appellant’s motion for new trial was pending, the trial court vacated the malice murder conviction and sentence and sentenced appellant to life imprisonment for felony murder. The trial court subsequently denied appellant’s motion for new trial, and appellant filed this appeal. [1]

1. The surviving victim testified he and the murder victim were standing on opposite sides of the car they had just parked and exited after midnight near a Harwell Road nightclub in northwest Atlanta when four armed men surprised them. One man pointed a gun at the witness’s head while another poked him in the side with a sharp metal object and took $60 from him. The witness heard his friend[*315] being beaten by the other perpetrators as they demanded the murder victim’s car keys, but the surviving victim was not permitted to look at the other side of the car. The victim/witness testified he was led to some bushes and forced to lie down in the bushes while the four men left, and he arose to find his bloodied friend lying in the street. The deputy chief medical examiner who performed the autopsy testified the victim died from a gunshot wound to his left side and had suffered multiple blunt force trauma to his head that indicated he was below his attackers. A small caliber C22-.25) bullet was recovered from the victim’s body.

In addition to the survivor’s testimony, the State presented as evidence appellant’s testimony at his preliminary hearing and two statements given by appellant, one to the Alabama police chief to whom he turned himself in over five years after the crimes were committed, and one to the Atlanta detective assigned to the case. In the statements, appellant admitted being with three other men who decided to rob two men who were exiting a car on Harwell Road. According to appellant’s statements, the other three men, two armed with guns and one with a screwdriver, approached the victims while appellant stayed in the perpetrators’ car. When appellant heard the murder victim struggling with one of the assailants, appellant, carrying a .22-caliber rifle, exited the car. After telling one of his colleagues to put the other victim in the bushes, appellant approached the murder victim who, while on his back on the ground, had grabbed the barrel of his assailant’s gun. Appellant pointed his rifle at the murder victim and told him to let go of the gun. The victim then grabbed appellant’s gun and pulled it, causing appellant to pull the trigger and the gun to fire, fatally wounding the victim. The perpetrators left the victim lying in the street and two of the men drove off in the victim’s car while the other two left in the car in which the foursome arrived. The evidence was sufficient to authorize appellant’s convictions for the felony murder/aggravated assault of victim Jones and the armed robbery of victim O’Neal. Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979).

2. Appellant contends his convictions cannot stand because they are based on his uncorroborated confessions. “A confession alone, uncorroborated by any other evidence, shall not justify a conviction.” OCGA § 24-3-53. “ ‘[C]orroboration of a confession in any particular satisfies the requirements of the statute. (Cit.)’ [Cit.]” Miller v. State, 268 Ga. 1, 2 (485 SE2d 752) (1997). “Proof of the corpus delicti is sufficient corroboration and, in a murder case, the corpus delicti is established by proof that the victim is dead, that the death was caused by violence or the direct criminal agency of another human being, and that the accused caused the death in the manner charged. [Cit.]” Blackwell v. State, 270 Ga. 509 (2) (512 SE2d 233) (1999).[*316] Appellant’s confessions were sufficiently corroborated by evidence the victim was killed by a small-caliber weapon while lying on the street appellant identified as the site of the crimes, and by the details set forth in the testimony of the surviving victim, summarized in Division 1. See id.; Carswell v. State, 268 Ga. 531 (1) (491 SE2d 343) (1997); Sands v. State, 262 Ga. 367 (1) (418 SE2d 55) (1992).

3. The trial court vacated appellant’s malice murder conviction and sentence, re-instated his felony murder conviction, and sentenced him thereon after appellant pointed out in his amended motion for new trial that the trial court had given an erroneous jury instruction when it told the jury it could infer intent to kill from appellant’s use of a deadly weapon and that it was within the jury’s discretion whether to make the inference. In Harris v. State, 273 Ga. 608 (2) (543 SE2d 716) (2001), this Court held that “the giving of a ‘use of a deadly weapon’ charge is error, whether or not it is accompanied by an instruction that the jury has the discretion to make the inference.” [2] However, the giving of the “use of a deadly weapon” charge is harmless error when the defendant stands convicted of felony murder rather than malice murder. Dolensek v. State, 274 Ga. 678 (558 SE2d 713) (2002); Oliver v. State, 274 Ga. 539 (2) (554 SE2d 474) (2001). Appellant asserts that the giving of the charge is not harmless error in a felony murder case when, as here, the underlying felony is the aggravated assault with a deadly weapon that resulted in the death of the victim. See OCGA § 16-5-21 (a) (2). [3] However, the jury instruction at issue authorizes the jury to infer intent to kill or malice from the use of a deadly weapon, and neither felony murder nor aggravated assault is a crime that requires proof of malice or intent to kill. Felony murder requires “only that the defendant possessed the requisite criminal intent to commit the underlying felony. [Cit.]” Franklin v. State, 268 Ga. 865 (1) (494 SE2d 327) (1998). Intent to kill is not an element of aggravated assault with a deadly weapon. Emmons v. State, 142 Ga. App. 553 (1) (b) (236 SE2d 536) (1977). Compare Wright v. State, 168 Ga. 690 (1) (148 SE 731) (1929), where the Court noted that aggravated assault with intent to commit murder (OCGA § 16-5-21 (a) (1)) does require a specific intent to kill. Since appellant stands convicted and sentenced, not for malice murder but for felony murder/aggravated assault with a deadly weapon, the trial court’s charge authorizing the jury, if it so chose, to infer[*317] intent to kill from appellant’s use of a deadly weapon, constituted harmless error. Dolensek, supra; Oliver, supra.

4. Appellant contends the State failed to prove beyond a reasonable doubt that the crimes were committed in Fulton County. [4] Generally, a criminal action must be tried in the county in which the crime was committed (Ga. Const. 1983, Art. VI, Sec. II, Par. VI; OCGA § 17-2-2 (a)), and the State may establish venue by whatever means of proof are available to it, including direct and circumstantial evidence. Jones v. State, 272 Ga. 900 (3) (537 SE2d 80) (2000). As an appellate court, we view the evidence in a light most favorable to support the verdict and determine whether the evidence was sufficient to permit a rational trier of fact to find beyond a reasonable doubt that the crime was committed in the county where the defendant was indicted. Starling v. State, 242 Ga. App. 685 (530 SE2d 757) (2000); Casey v. State, 231 Ga. App. 701, 702 (500 SE2d 613) (1998).

In the case at bar, the surviving victim and the City of Atlanta investigating police officer and detective testified the crime occurred at 1097 Harwell Road about 50 feet down the road from the Blue Flame Lounge, located at 1100 Harwell Road in Fulton County. There was no direct evidence that 1097 Harwell Road, where the victim’s body was found and where the crimes occurred, was located in Fulton County. Rather, the direct evidence established only that the lounge, a site near the murder scene, was located in Fulton County. Establishing the venue of a near-by site does not establish the venue of the murder site itself. Jones v. State, supra, 272 Ga. at 903-904. See also Robinson v. State, 275 Ga. 142 (561 SE2d 822) (2002) (officer’s testimony that he discovered the victim’s body on a street located in Fulton County was sufficient evidence to establish beyond a reasonable doubt that venue of the murder prosecution was in Fulton County). However, there was in the case at bar circumstantial evidence from which the jury could conclude beyond a reasonable doubt that venue was in Fulton County: the testimony of the police officer who responded to the call for emergency help, coupled with the testimony of the deputy chief medical examiner of Fulton County. First, the police officer who responded to the call for help at the crime scene testified he was employed on the date of the crime as a “City of Atlanta police officer, Fulton County, Georgia.” In light of the well-settled principle that public officials are believed to have performed their duties properly and not to have exceeded their authority unless clearly proven otherwise (see Richmond County Hosp. Auth. v. Richmond County, 255 Ga. 183 (2) (c) (336 SE2d 562) (1985); Fine v. Dade [*318] County, 198 Ga. 655, 663 (32 SE2d 246) (1944)), the jury was authorized to find the police officer acted within the territorial jurisdiction in which he testified he was employed, the Fulton County part of the City of Atlanta. See, e.g., Frisbey v. State, 236 Ga. App. 883 (2) (514 SE2d 453) (1998), overruled on other grounds in Jones', Joiner v. State, 231 Ga. App. 61 (497 SE2d 642) (1998), overruled on other grounds in Jones. Compare Jones v. State, supra, 272 Ga. 900 (3) (since the police officers who responded to the shooting patrolled both Fulton and DeKalb counties, the fact that City of Atlanta officers investigated the shooting did not establish that venue was proper in Fulton County); Bradley v. State, 238 Ga. App. 490 (519 SE2d 261) (1999) (since the arresting officer was a state trooper and not a county law enforcement officer, no inference could be made that arresting officer was acting within the territorial jurisdiction of a particular county).

In addition to being authorized to find from the police officer’s testimony that he acted within his authority to investigate a crime that took place in Fulton County, the jury was also authorized to find from the testimony of the deputy chief medical examiner of Fulton County that the crime occurred in Fulton County. That witness testified that the victim’s body came to the Fulton County Medical Examiner’s offices because a deceased person in Fulton County whose death is not the result of natural causes is a case for the medical examiner. His testimony reflects the state of the law — the Fulton County Medical Examiner is a public official whose duties include the performance of autopsies on the bodies of deceased victims of violence occurring within Fulton County, the territorial jurisdiction of the Fulton County Medical Examiner. Ga. L. 1965, p. 2497; OCGA § 45-16-24 (a) (1). See also OCGA § 45-16-21 (1.1), (2), (8), (9), and (13), where “county medical examiner” is distinguished from “local,” “state,” and “regional” medical examiners. This “inference by narration,” dependent upon the credibility of the witness giving the testimony, the coherence of that testimony, the relevance of that testimony, and whether the witness is acting in character, is sufficient evidence from which the jury could conclude beyond a reasonable doubt that the crimes were committed in Fulton County, making venue in Fulton County proper.

5. Appellant sees reversible error in the trial court’s refusal to give jury instructions on voluntary manslaughter, involuntary manslaughter, and reckless conduct.

(a) Appellant maintains that a charge on voluntary manslaughter was supported by his statements admitted into evidence that the rifle he pointed at the victim fired when the victim grabbed the barrel of the gun.

[*319] Decided June 10, 2002 Reconsideration denied July 12, 2002. Zell & Zell, Rodney S. Zell, for appellant. Paul L. Howard, Jr., District Attorney, Bettieanne C. Hart, Marc A. Mallon, Assistant District Attorneys, Thurbert E. Baker, Attorney General, Madonna M. Heinemeyer, Assistant Attorney General, for appellee.
Voluntary manslaughter occurs when one kills another human being under circumstances which would otherwise be murder, if the killer “acts solely as the result of a sudden, violent, and irresistible passion resulting from serious provocation sufficient to excite such passion in a reasonable person. . . .” OCGA § 16-5-2 (a). Whether there is evidence to support a finding that the defendant acted “solely as the result of a sudden, violent, and irresistible passion resulting from a serious provocation” is a question of law. [Cit.]

Mack v. State, 272 Ga. 415 (2) (529 SE2d 132) (2000). Appellant asserts the jury could rationally conclude from this evidence that he fatally shot the victim solely as the result of a sudden, violent and irresistible passion brought on by the victim grabbing appellant’s weapon when appellant pointed it at him. “A voluntary manslaughter charge is not warranted when the only evidence of provocation is the victim resisting an armed robbery.” Nance v. State, 272 Ga. 217 (3) (526 SE2d 560) (2000). The trial court did not err when it declined to instruct the jury on the law of voluntary manslaughter.

(b) Appellant contends the evidence supported the giving of jury instructions on involuntary manslaughter and reckless conduct. However, when the victim is killed during an armed robbery, there is no involuntary manslaughter/unlawful act (reckless conduct). See Rouse v. State, 265 Ga. 32 (2) (453 SE2d 30) (1995). The trial court did not err when it declined to give a charge based on OCGA § 16-5-3 (a).

Judgment affirmed.

All the Justices concur, except Fletcher, C. J., and Hines, J., who concur in judgment only as to Division 4, and Sears, P. J., who dissents.
1

The crimes occurred on April 14, 1989. Appellant was arrested in November 1994 after he told an Alabama police chief of his involvement in the crimes. The Fulton County grand jury returned a true bill of indictment on February 14, 1995, and appellant’s trial commenced on November 6, 1995. It concluded on November 9 when the jury returned its guilty verdicts. Appellant was initially sentenced on November 13, 1995. He filed a motion for new trial on November 20,1995, and amended it on June 20, 2001. On August 23, 2001, the trial court vacated the sentence on the malice murder conviction and replaced it with a sentence of life imprisonment for the felony murder conviction. The trial court denied appellant’s amended motion for new trial on September 12, 2001, and appellant filed a timely notice of appeal on September 24. The case was docketed in this Court on October 30, 2001, and submitted for decision on the briefs.

2

Appellant’s trial took place approximately five and one-half years before the Harris decision in March 2001, but the Harris holding is expressly applicable to those cases pending on direct review or not yet final (Harris v. State, supra, 273 Ga. at 610), and the appeal at bar is such a case.

3

The aggravated assault that supported the felony murder convictions in both Dolensek and Oliver was the shooting of the victim that resulted in the death of the victim. See Dolensek, supra, fn. 1; Oliver, supra, fn. 1.

4

Proving venue is a simple exercise that generally requires the asking of one question. In light of the ease with which venue can be proved, it is difficult to understand why the appellate courts are repeatedly faced with this issue.