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Lynn v. State

The state failed to present any evidence that the crimes occurred in Fulton County where defendant's trial was held.

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A jury convicted Clarence Lynn of felony murder and aggravated assault in the shooting death of Eric Clay.1 Because we find that the State failed to prove venue, we reverse and remand for a new trial.

On August 24, 1995, Lynn and three other men were seen leading the victim into the parking lot of a funeral home located in the 3000 block of Martin Luther King, Jr. Drive. After Lynn and two of the men walked away from the parking lot, the victim began running around a nearby van. The remaining perpetrator tried to shoot the victim, but his gun misfired. Lynn and at least one of the other men returned and several shots were fired. An eyewitness saw the shooter run across Martin Luther King, Jr. Drive seconds after the shots were fired. Another witness testified that Lynn ran across Martin Luther King, Jr. Drive with a gun in his hand seconds after the shots were fired. Lynn subsequently told an acquaintance that he had to leave the state because he had shot the victim.

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