Bizzard v. State
312 Ga. App. 185
Ga. Ct. App.2011Background
- Bizzard was convicted by bench trial of aggravated battery under OCGA § 16-5-24(a) for assaulting his wife.
- On appeal, Bizzard challenged both the sufficiency of intent proof and the venue proof.
- The incident occurred on Strickland Street; victim fled, then was struck on a neighbor’s porch causing significant facial injury and stitches.
- Police arrested Bizzard after the assault; trial record contained no evidence expressly locating venue in Liberty County.
- The majority held evidence supported intentional conduct but insufficient venue proof required reversal and remand for a new trial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did the state prove the requisite intent for aggravated battery? | Bizzard argues state failed to show malicious intent or lack of justification. | Bizzard contends the state must prove specific injury intent. | Yes; state proved malicious intent. |
| Was venue properly proven in Liberty County? | State asserts venue shown by location and proximity evidence. | Liberty County venue not proven by standard of record. | Venue not proven; reversal required. |
| If venue is lacking, may defendant be retried in a proper venue? | Retrial permissible if venue established. | Retrial prohibited without proper venue. | Remand for new trial with proper venue. |
Key Cases Cited
- White v. State, 210 Ga.App. 563 (1993) (intent not required to prove specific result; malicious act suffices)
- Blackwood v. State, 224 Ga.App. 486 (1997) (intent to the conduct causing injury, not the injury itself)
- Wade v. State, 258 Ga. 324 (1988) (maliciousness requires intentional act without justification or provocation)
- Jones v. State, 272 Ga. 900 (2000) (venue is a jurisdictional fact requiring proof beyond a reasonable doubt)
- Graves v. State, 269 Ga. 772 (1998) (judicial notice and venue considerations must be on the record)
- In the Interest of J.B., 289 Ga.App. 617 (2008) (street address alone does not prove venue; must show city/county/state)
- Thompson v. Brown, 288 Ga. 855 (2011) (trial court cannot rely on extrinsic knowledge to prove venue; must be proven by evidence)
- Graham v. State, 275 Ga. 290 (2002) (city-by-street proximity not enough to prove venue without geographic details)