☢ test - Í

Kimble v. State, 301 Ga.App. 237, 687 S.E.2d 242 (November 20, 2009). Evidence of investigation by Chatham County officer, plus search warrant issued by Chatham County Recorder’s Court to search premises “‘[i]n Savannah, Chatham County, Georgia, 1413 East 57th Street’ … provided sufficient evidence of venue. See Taylor v. State, 254 Ga.App. 150, 152(2) (561 S.E.2d 833) (2002) (search warrant comprised evidence of venue).” Coleman v. State, 286 Ga. 291, 687 S.E.2d 427 (November 9, 2009). Evidence proved venue of marijuana possession charge, but not methamphetamine charge. Defendants fled Muscogee County after shooting two men and went to Lee County, Alabama, where they and their vehicle were found. “Coleman admitted he had hand-rolled the marijuana cigarette found in the Jeep Cherokee the morning of the shooting. That testimony, coupled with the undisputed fact that appellants and the Jeep Cherokee were at the Muscogee County service station at a time following the point at which Coleman admitted having made the cigarette, established beyond a reasonable doubt that appellants possessed the marijuana cigarette in Muscogee County and established venue for that crime as being in Muscogee County.” A “pipe upon which traces of methamphetamine were found” was in defendants’ Jeep in Alabama when they were captured, but no evidence placed the pipe in their possession before leaving Georgia, so venue was not proven as to that charge. Peck v. State, 300 Ga.App. 375, 685 S.E.2d 367 (October 7, 2009). Conviction for sexual exploitation of a child and distributing obscene material reversed for failure to prove venue. “The only evidence of venue presented in this case is the name of the road where the drug store [where obscene pictures of minor were developed] was located and an investigating police officer's testimony that he worked for the Gainesville Police Department. This evidence fails to establish venue in Hall County. Quezada-Barrera v. State, 295 Ga.App. 747, 673 S.E.2d 126 (2009).” Brewster v. State, 300 Ga.App. 143, 684 S.E.2d 309 (September 22, 2009). Trooper’s proof of venue by reference to county map was sufficient. Distinguishing “ McKinney v. State, 294 Ga.App. 366 (670 S.E.2d 147) (2008), in which our court held that where a demonstrative aid was offered as direct evidence establishing venue, that item was insufficient to establish venue in the absence of testimony, as demonstrative evidence has no intrinsic testimonial value. Id. at 369.” See also Armstrong (February 1, 2010), above (map of crime scene). Rogers v. State, 298 Ga.App. 895, 681S.E.2d 693 (July 10, 2009). 1. Evidence was sufficient to prove venue based on proof that crime was committed in Covington, Georgia. “We may take judicial notice that the city of Covington is wholly located within Newton County, the county in which Rogers was tried. Hubbard v. State, 208 Ga. 472, 474(3) (67 S.E.2d 562) (1951); Gilmer v. State, 234 Ga.App. 309, 310(1) (506 S.E.2d 452) (1998).” 2. Evidence was sufficient to prove venue for some counts of using telephone to facilitate commission of a felony, OCGA § 16-13-32.3, where location of one party to conversation was proven, but not where location of neither party was proven. Venue may lie at either end of phone conversation. As to some counts, location of informant in county was proven, but in others, was not, nor was defendant’s location proven. “The State asserts that we should apply OCGA § 17-2-2(e) to conclude that venue existed in Newton County for the phone calls made on September 24 and 25, 2003, while Rogers was traveling from Cobb or Rockdale County to deliver the drugs in Newton County. This Code section provides that ‘[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 through which the ... vehicle ... has traveled.’ We cannot apply this Code section to the facts before us, however, because the State could have readily determined where the crime was committed. The record shows that members of the drug task force knew the location of the informant during her phone calls with Rogers.” Miller v. State, 298 Ga.App. 792, 681 S.E.2d 225 (July 8, 2009). Although State’s evidence failed to prove venue in Decatur County, defendant’s own testimony did. State proved that meth lab was found in defendant’s residence, but failed to state where that was. “Miller testified that he was originally from Bainbridge in Decatur County, Georgia and had lived in Decatur County all his life, except during the 21 years of his marriage. Miller further stated that at the time of the search and seizure of the evidence, he was divorced and was again living in Bainbridge, Georgia. Based upon this evidence, the jury was authorized to conclude that Miller's residence in Bainbridge was located in Decatur County.” Harbin v. State, 297 Ga.App. 877, 678 S.E.2d 553 (May 14, 2009). Evidence supported finding of venue: “the evidence is uncontroverted that Harbin was administered a drug test at the Cherokee County probation office and that the sample tested positive for methamphetamine. We find this evidence sufficient to show beyond a reasonable doubt that the crime of methamphetamine possession ‘might have been committed’ in Cherokee County.”