Byrd v. State
307 Ga. App. 589
Ga. Ct. App.2011Background
- Byrd went to the victim's home with a friend and stayed after others had left; he drank, became belligerent, and refused to leave.
- During an altercation, Byrd shoved the victim, retrieved a knife from the kitchen, and stabbed the victim twice.
- Byrd and the victim struggled; Byrd threatened to kill the victim and continued stabbing until the victim's father intervened by firing a rifle.
- Byrd testified he acted in self-defense, admitting stabbing the victim in the chest and back.
- The jury found Byrd guilty of aggravated assault and possession of a knife during the commission of a crime; on appeal, Byrd challenged the trial court’s statement on venue under OCGA § 17-8-57, which prompted reversal and remand for a new trial.
- The trial court’s venue comment occurred before the stipulation of venue (if any) was established on the record, and the court stated the events occurred in Taylor County in front of the jury, constituting an improper expression of a disputed factual issue.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the court violated OCGA § 17-8-57 by commenting on venue. | Byrd contends the judge expressed an opinion on a disputed issue of venue. | State argues venue was not contested due to stipulation. | Yes; reversal for a new trial. |
Key Cases Cited
- Patel v. State, 282 Ga. 412, 414, 651 S.E.2d 55 (2007) (2007) (venue is a jurisdictional fact that must be proven beyond a reasonable doubt)
- Chumley v. State, 282 Ga. 855, 858, 655 S.E.2d 813 (2008) (2008) (mandatory nature of OCGA § 17-8-57—violation requires reversal)
- State v. Gardner, 286 Ga. 633, 690 S.E.2d 164 (2010) (2010) (record does not establish when venue became uncontested; directive to prove venue improper when contested)
- Paul v. State, 272 Ga. 845, 537 S.E.2d 58 (2000) (2000) (OCGA § 17-8-57 violation requires a new trial)
- Jones v. State, 272 Ga. 900, 901-902(2), 537 S.E.2d 80 (2000) (2000) (venue must be proven beyond a reasonable doubt as part of the state's case)
- Allen v. State, 194 Ga. 178 (2), 21 S.E.2d 73 (1942) (1942) (early articulation of § 17-8-57 relevance)
- Jackson v. Virginia, 443 U.S. 307, 99 S. Ct. 2781, 61 L. Ed. 2d 560 (1979) (1979) (sufficiency standard for evaluating evidence supporting a verdict)