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Bennett v. State

Court of Appeals of Georgia
Apr 12, 1977
235 S.E.2d 576 (Ga. Ct. App. 1977)

Opinion

53732.

SUBMITTED APRIL 6, 1977.

DECIDED APRIL 12, 1977. REHEARING DENIED APRIL 28, 1977.

Aggravated battery, etc. Dougherty Superior Court. Before Judge Kelley.

Wingate, Bartlett Baynard, Robert E. Baynard, for appellant.

William S. Lee, District Attorney, Loring A. Gray, Jr., Assistant District Attorney, for appellee.


The only question in this appeal from a conviction for aggravated assault and aggravated battery is whether there was sufficient evidence that the crimes were committed in Dougherty County. "Evidence of venue, though slight, is sufficient in the absence of conflicting evidence." Loftin v. State, 230 Ga. 92, 93 ( 195 S.E.2d 402) (1973).

The victim testified that she was knocked unconscious while being beaten in a woody area where she had been taken by defendant and that she was in the hospital when she awakened. Two witnesses testified that she was in Dougherty County when found semi-upright trying to rise, and there is no evidence that she had been moved between the time of attack and her discovery by a witness. From the description of the victim's condition the jury was authorized to find that she had not been able to move herself from the point of attack. We conclude this evidence was quite sufficient, particularly in the absence of any conflicting evidence.

Judgment affirmed. Deen, P. J., and Marshall, J., concur.

SUBMITTED APRIL 6, 1977 — DECIDED APRIL 12, 1977 — REHEARING DENIED APRIL 28, 1977 — CERT. APPLIED FOR.


Summaries of

Bennett v. State

Court of Appeals of Georgia
Apr 12, 1977
235 S.E.2d 576 (Ga. Ct. App. 1977)
Case details for

Bennett v. State

Case Details

Full title:BENNETT v. THE STATE

Court:Court of Appeals of Georgia

Date published: Apr 12, 1977

Citations

235 S.E.2d 576 (Ga. Ct. App. 1977)
235 S.E.2d 576

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