In Re Ec, 311 Ga. App. 549

E.C., age 15, was adjudicated delinquent for theft by taking (motor vehicle) under OCGA § 16-8-2.
On February 6, 2011, police responded to a vehicle theft complaint at 1646 Fresno Street in Valdosta; sister allegedly owned the car.
The officer testified E.C. and his twin brother admitted taking turns driving the sister's car; sister did not testify.
There was no evidence showing 1646 Fresno Street is in Valdosta or Lowndes County, and no judicial notice was taken regarding venue.
The State conceded the evidence did not prove venue beyond a reasonable doubt; hearsay statements from the sister were used to prove unlawful taking.
The court reversed the adjudication for insufficiency of venue and, independently, for insufficiency of evidence to prove theft by taking beyond a reasonable doubt.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Was venue proved beyond a reasonable doubt?	E.C. contends venue was not proven.	State argues venue was established; however, no direct evidence or proper notice was provided.	Venue not proven; adjudication reversed.
Was the evidence sufficient to prove theft by taking beyond a reasonable doubt?	State failed to prove unlawful taking; hearsay cannot establish guilt.	State relied on sister's statements to prove ownership and lack of permission.	Evidence insufficient; adjudication reversed.

In the Interest of J.A.L., 284 Ga.App. 220 (Ga.App. 2007) (venue and notice requirements; judicial notice not taken)
In the Interest of A.C., 263 Ga.App. 44 (Ga.App. 2003) (no venue evidence; adjudication reversed)
In the Interest of D.D., 287 Ga.App. 512 (Ga.App. 2007) (double jeopardy considerations; retrial allowed if otherwise evidence exists)
In the Interest of M.C.A., 263 Ga.App. 770 (Ga.App. 2003) (clarifies sufficiency standard in delinquency adjudications)
In the Interest of C.D.E., 248 Ga.App. 756 (Ga.App. 2001) (hearsay evidence has no probative value)