Ryan Babbitt appeals the denial of his motion to dismiss the State’s indictment charging him with ten counts of violating OCGA § 16-9-58, which prohibits a person from acting with fraudulent intent to buy agricultural products and failing or refusing to pay for those products within a certain amount of time. We granted Babbitt’s application for interlocutory review and now affirm. Babbitt and the State agreed to the facts as stated in Babbitt’s motion to dismiss, although the parties asserted that they might present additional facts at the hearing. As stated in Babbitt’s motion, the facts show that in October 2007, Babbitt was living in Overbrook, Kansas and, in a telephone call with Dorris Barrett, owner of Barrett Livestock in Laurens County, Georgia, he arranged to purchase a large number of cattle. Between October 26, and December 1, 2007, Barrett Livestock made multiple shipments of hundreds of cattle to Babbitt in Kansas for a total cost of $365,350.99. The agreed facts also show that the parties did not reduce their agreement to writing; all communication between the parties was by telephone; Babbitt was never present in Georgia; Barrett Livestock did not specify a deadline for payment ; and Babbitt never denied owing Barrett Livestock for the cattle. The parties agree, however, that payment was expected at some point in the future, relative to the order or delivery. On December 4 and 9, 2007, Babbitt wired Barrett Livestock payments of $77,000 and $28,000, respectively, leaving a balance of $260,350.99. But Babbitt failed to pay the balance, and in November 2008, he was charged with ten counts of violating OCGA § 16-9-58, one for each shipment, nine of which were documented with bills of lading that provide that title of the cattle did not pass until the seller actually received funds in payment. Barrett acknowledged that he had no knowledge of Babbitt’s intent regarding payment at the time of the sale.
Babbitt moved to dismiss the charges on the ground that venue does not lie in Laurens County. The trial court conducted a hearing and eventually ruled that venue was proper. At the hearing, Babbitt raised additional arguments, but the trial court held that they presented issues of fact for the jury.
