X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

After a jury trial, Appellant Milton Henry was found guilty of the malice murder of Harvey Kent, Jr. and aggravated assault against Bernice Henry. The trial court entered judgments of conviction and sentenced Appellant to life imprisonment without parole for murder and a concurrent 20-year term for aggravated assault. Appellant’s motion for new trial was denied, and he appeals.1 1. Construed in support of the verdicts, the evidence shows that Ms. Henry was Appellant’s estranged wife and that she had developed a relationship with Kent. After leaving Ms. Henry’s apartment and walking to Kent’s apartment, Appellant angrily confronted Kent about his relationship with Ms. Henry, chased him, and fatally stabbed him three times in the chest. Upon returning to Ms. Henry’s apartment, Appellant stabbed her in the head, nearly severing a portion of her ear. He subsequently bragged about his actions. Although Appellant testified that the victim had a knife and was the aggressor, the evidence was sufficient to enable a rational trier of fact to find that Appellant did not act in self-defense and that he was guilty beyond a reasonable doubt of malice murder and aggravated assault. Jackson v. Virginia , 443 U.307 99 SC 2781, 61 LE2d 560 1979; Canada v. State , 275 Ga. 131, 132 1 562 SE2d 508 2002.

2. Appellant contends that the State failed to prove venue beyond a reasonable doubt. The evidence shows that the crimes occurred in an apartment complex located at 900 Conley Road, and that this section of Conley Road is in Fulton County. This is not a case where a crime scene was described but its location left unspecified, or where a street address alone was offered as proof of venue without reference to a city or county. Cits. In this case, as shown above, the crime scene was identified as being an apartment complex at a particular address. Schofield v. State , 261 Ga. App. 70, 71 582 SE2d 11 2003. “Testimony that a certain site is on a specific street and that the street is in a particular county is some proof that the site is in that county.” Robinson v. State , 275 Ga. 143, 144 2 561 SE2d 823 2002. Thus, “testimony was given which supported the fact that the crime scene, and the specified address, was in Fulton County.” Schofield v. State , supra. “The logical import of the . . . testimony here . . . is that the crime scene itself was in Fulton County.” Robinson v. State , supra. Since Appellant has not offered any evidence to the contrary, we hold that the State met its burden of proving beyond a reasonable doubt that venue is properly in Fulton County. Robinson v. State , supra.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
September 06, 2024
Johannesburg

The African Legal Awards recognise exceptional achievement within Africa s legal community during a period of rapid change.


Learn More
September 12, 2024
New York, NY

Consulting Magazine identifies the best firms to work for in the consulting profession.


Learn More

JOB DESCRIPTION SUMMARY Pulsar Title Insurance Company Inc., a commercial and residential title insurance underwriter based in the Bato...


Apply Now ›

RECRUITMENT BONUS Newly hired employees from this recruitment may be eligible to receive bonus payments up to $3,000!* FLEXIBLE SCHEDULE: ...


Apply Now ›

Morristown, NJ; New York, NY Description: Fox Rothschild has an opening in multiple offices for a Counsel in our Litigation Department. The ...


Apply Now ›
06/27/2024
The American Lawyer

Professional Announcement


View Announcement ›
06/21/2024
Daily Business Review

Full Page Announcement


View Announcement ›