Melton v. State ( 1984 )

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, and that this occurred at their home in College Park, Georgia. College Park is located partially in Fulton County and partially in Clayton County. The defendant argues that the evidence here is insufficient to show venue in Fulton County, relying on the holding that “proof that an offense was committed in a designated municipality is not of itself sufficient to show venue in any particular county of this State ...” Gibson v. State, 52 Ga. App. 297, 299 (183 SE 83) (1935) and cits. The state relies on the line of cases holding that, in deciding whether the evidence is sufficient to prove venue, the court may take judicial notice of the fact that a particular city is located within a particular county. Williams v. State, 162 Ga. App. 680 (1) (292 SE2d 560) (1982) and cits.; G. S. K. v. State of Ga., 147 Ga. App. 571 (1) (249 SE2d 671) (1978) and cits.

Decided January 31, 1984 — Rehearing denied February 15, 1984. Nathan B. Deaton, Harvey A. Monroe, for appellant. Lewis R. Slaton,District Attorney, Margaret V. Lines, Assistant District Attorney, for appellee.

However, the evidence as to venue in this case showed more than that the crimes were committed in College Park; the evidence also showed that the victim attended the Fulton County school system. We agree with the Court of Appeals that in the absence of conflicting evidence, this was sufficient to show that the party’s home was located in Fulton County. As held in Williams v. State, supra, where venue is not contested, slight evidence will suffice.

Judgment affirmed.

All the Justices concur, except Hill, C. J., Smith and Bell, JJ., who dissent.