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Hunsberger v. State

The defendant was subject to prosecution in Georgia for kidnapping with bodily injury, even though the victim was killed in South Carolina, since the victim was abducted in Georgia.

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A Richmond County jury found Julio A. Hunsberger guilty of kidnapping with bodily injury. On appeal, Hunsberger claims that the trial court erred in denying his motion to sever his trial from that of his co-defendant and brother, Alexander L. Hunsberger. He also contends that the trial court lacked subject matter jurisdiction because the injury in question did not occur in Georgia. For the reasons set forth below, we disagree and affirm. Viewed in the light most favorable to the verdict, the evidence shows that the 16-year-old victim was forced into the trunk of Hunsberger’s car in Richmond County, Georgia, and driven by Hunsberger and his brother, Alexander Hunsberger, to Edgefield, South Carolina. Stephen Barnes and three other individuals followed Hunsberger in another car. When they arrived in Edgefield, the victim was released from the trunk and marched to a field adjacent to property owned by Hunsberger’s family. At Barnes’s insistence, each person in turn, including the defendant, shot at the victim with a handgun. According to testimony at trial and consistent with evidence recovered from the crime scene, at least some of these shots were intentionally fired into the ground. A short time later, however, Barnes shot the victim in the head, inflicting a fatal injury.

1. Hunsberger contends that the trial court erred in denying his motion to sever his trial from that of his co-defendant. We disagree.

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