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THOMPSON v. STATE

No. S03G0176.

586 S.E.2d 231 (2003)

277 Ga. 102

THOMPSON v. The STATE.

Supreme Court of Georgia.

September 15, 2003.

Attorney(s) appearing for the Case

L. Elizabeth Lane, Macon, James C. Bonner, Jr., Atlanta, for appellant.

Kelly R. Burke, Dist. Atty., Katherine Elizabeth K. Lumsden, Asst. Dist. Atty., Amy Elaine Smith, Asst. Dist. Atty., for appellee.

William Shane Drawdy, Columbus, Billy Wayne Niles, Phenix City, AL, other party representation.

FLETCHER, Chief Justice.

We granted certiorari to the Court of Appeals of Georgia1 to consider the proper scope of appellate review of the sufficiency of the evidence to establish venue. We hold that, because venue is an essential element of the State's case and must be decided by a jury, only evidence presented to the jury may be considered on appeal. Because the Court of Appeals relied upon material not presented to the jury, and because...

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