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Byrd v. State

O.C.G.A. § 17-8-57 required a new trial because the trial court clearly expressed its opinion that the state proved venue.

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Joe Byrd appeals after a jury found him guilty of aggravated assault and possession of a knife during the commission of a crime. Byrd contends that the trial judge violated OCGA § 17-8-57 by expressing to the jury his opinion that venue had been proven in the case. We agree and reverse. The evidence at trial, taken in the light most favorable to the verdict, was that Byrd came to the victim’s home on the day in question with one of the victim’s friends. Byrd stayed after everyone else had left the victim’s house. Byrd was drinking and at some point, became belligerent and refused to leave. During an altercation, Byrd shoved the victim, then took a knife from the kitchen counter and stabbed the victim twice. Byrd and the victim struggled and Byrd told the victim he was going to kill him. Byrd continued stabbing the victim until the victim’s father came in, at which point Byrd ran outside.

The victim’s father looked outside and saw Byrd standing by his son’s truck holding a rifle. The father got a gun and fired two shots at Byrd before Byrd threw the rifle down and ran away.

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