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State v. Prescott

The state proved venue in Screven county in this child molestation case through circumstantial evidence.

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We granted a writ of certiorari to the Court of Appeals in Prescott v. State , 309 Ga. App. 541 710 SE2d 672 2011, to determine whether the State failed to prove venue in this child molestation case. Because we find the evidence, albeit circumstantial, sufficient to prove venue beyond a reasonable doubt, we reverse. Appellee Prescott was convicted of child molestation based on an incident that occurred in a restroom at Screven County High School. During the trial, the State failed to introduce any direct evidence that the crime occurred in Screven County. Appellee appealed his conviction, and the Court of Appeals reversed. Relying primarily upon this Court’s holding in Thompson v. Brown , 288 Ga. 855 708 SE2d 270 2011, the Court of Appeals concluded that, in the absence of evidence that Screven County High School is located in Screven County, evidence of venue was lacking.

In Thompson , this Court questioned whether evidence that a crime occurred in the City of Vidalia was sufficient to prove venue in Toombs County. Noting that Vidalia is situated in both Toombs County and Montgomery County, we concluded that proof of venue was insufficient. Unlike Thompson and other cases in which the State proved that a crime was committed in a city which was located in more than one county,1 or that the State proved that a crime was committed in a city without showing that the city is situated entirely in a county,2 the venue question in this case focuses on whether a factfinder can infer that a crime which was committed in the Screven County High School actually took place in Screven County. We think such an inference is reasonable in this case. Nevertheless, we take this opportunity to reiterate that venue must be proved beyond a reasonable doubt and that prosecutors must commit themselves to doing so.

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