Appellants Jack Wayne Napier and James Neal Halley appeal their convictions for murder, concealing the death of another and auto theft.1 Among other things, appellants urge the trial court erred by forbidding voir dire questioning regarding appellants’ status as prison escapees and in charging the jury on certain statutory presumptions regarding venue. Because the issue of appellants’ escape from prison was relevant to the subject matter of the State’s prosecution, the trial court abused its discretion by prohibiting them from raising that issue during voir dire. Having reviewed the transcript, however, we conclude it is highly improbable that this error contributed to the jury’s verdicts. Therefore, it was harmless. Regarding the trial court’s jury charge on venue, we conclude it was not improperly burden-shifting. Nonetheless, for reasons explained below, we believe trial courts would do well to refrain from quoting certain portions of OCGA § 17-2-2 when charging juries on venue, and we set forth preferred alternative charges herein. Finding no merit to appellants’ other contentions, we affirm. The record shows that in June 2000, appellants escaped from a Kentucky prison. Several weeks later, they were at a highway rest stop in Virginia when they met the victim, Tommy Chittum, and his girlfriend, Cynthia Duncan. The foursome spent several days together in Virginia, shoplifting, doing drugs and drinking alcohol. Appellants and Chittum then left Virginia in Chittum’s van for a trip to Florida. Stopping in Fayetteville, North Carolina, around mid day, the victim telephoned his landlord in Virginia. That evening, Chittum stopped by the roadside near Savannah to use the bathroom, and was strangled by appellant Napier. Appellants then loaded Chittum’s body into the van and drove to a convenience store in Chatham County, where an off-duty police officer observed them unload the victim’s body and carry it into the woods. An autopsy later revealed ligature marks on the front of the victim’s neck that were consistent in size and shape with a shoelace that was found in the van. Police also discovered the victim’s Harley-Davidson motorcycle in the van.
After appellants’ arrests, appellant Napier told a cellmate, Norman, the details about the crime, and explained that when the victim made the phone call in Fayetteville, appellants feared he had decided to return to Virginia and would leave appellants abandoned by the roadside. Napier told Norman that he had strangled the victim with a shoelace. Napier also told Norman that before he strangled the victim, he had seen a sign that read “Welcome to Savannah.”
