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Davis v. State

The defendant's conviction for theft by taking was reversed, as the State failed to establish venue, since there was no evidence presented that the defendant exercised control over, spent or disbursed of any of the appropriated funds in Dodge County.

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Following a bench trial, Bruce Davis was convicted of one count of theft by taking. Davis appeals his conviction and the denial of his motion for new trial, arguing that the State failed to prove that he intended to unlawfully appropriate the funds at issue and venue in Dodge County. Davis also maintains that the trial court erred in admitting parol evidence and in finding that he waived his right to a jury trial. Because the State failed to prove venue, we reverse Davis’s conviction.

Construing the evidence to uphold the trial court’s findings and judgment,1 the record shows that in 2003, Davis owned a clothing manufacturing plant in Pennsylvania, but he was interested in moving the business to south Georgia. Toward that end, Davis entered into agreements with officials representing Jeff Davis County, and ultimately moved his business to Hazlehurst, Georgia. And by June 2004, Davis leased a building in Hazlehurst, and his sweater manufacturing plant started production there. But shortly thereafter, Davis was unable to adequately fund the business, eventually abandoned it, and soon the plant ceased operations entirely.

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