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Jeremiah v. State

The state failed to prove venue for defendant's battery conviction because there was no evidence as to where the battery occurred.

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Layon Dean Jeremiah was charged with kidnapping, rape, aggravated sodomy, battery, fleeing or attempting to elude a police officer, two counts of possession of a firearm during the commission of a felony, and three counts of aggravated assault. He was tried and acquitted of rape, aggravated sodomy and one count of aggravated assault, but convicted of the remaining counts. Here, he appeals. For the following reasons, we reverse the battery conviction, but affirm the remaining counts.

Viewing the evidence in the light most favorable to the verdict, it showed that Jeremiah and the victim, L. D., were married at the time of the crimes. L. D. lived with her mother, Myrna Daniel. On March 28, 1998, L. D. left Ms. Daniel’s home with Jeremiah. When she returned home, her lip and eye were bruised and her lip was bleeding. L. D. told her mother that Jeremiah had inflicted her injuries. The next day, L. D. went to the hospital where she told the nurse that she had been beaten. The nurse observed that L. D.’s lip was split and swollen, that she had bruises on her chest, neck, and arms, and that she had a large, swollen area over her eye. The nurse called the police, and Officer McGrath met with L. D. and Ms. Daniel. During this meeting L. D. told McGrath that she had also been sexually assaulted by her husband.

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