602 S.E.2d 601 | Ga. | 2004
Wendell Harper Smith appeals his convictions for malice murder and concealing the death of another.
1. The evidence summarized above was sufficient to authorize a rational trier of fact to find Smith guilty beyond a reasonable doubt of the offenses for which he was convicted. Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979).
2. Smith enumerates as error the trial court’s denial of his motion for directed verdict based on his assertion that venue in Ben Hill County was improper.
A criminal homicide is statutorily required to be tried in the county in which the cause of death was inflicted (OCGA § 17-2-2 (c)); however, if it cannot be determined in what county the crime was committed, it is considered, for venue purposes, “to have been committed in any county in which the evidence shows beyond a reasonable doubt that it might have been committed.” OCGA § 17-2-2 (h).
Turner v. State, 273 Ga. 340, 343-344 (3) (541 SE2d 641) (2001). Smith based his motion on Benway’s testimony and his own statement to the police which was introduced into evidence, in both of which the assertion was made that Johnson died in Jeff Davis County when he was choked to unconsciousness the second time. However, the testimony of the medical examiner was that death was caused by a combination of the crushing of Johnson’s larynx and trauma to his chest, most likely caused by the impact of the debris thrown onto Johnson after he was dumped, still living, into the well in Ben Hill County. That testimony being sufficient to permit the jury to find beyond a reasonable doubt that the murder occurred in Ben Hill County and that venue was proper there, denial of Smith’s motion for a directed verdict was not error. Allen v. State, 277 Ga. 711 (2) (593 SE2d 662) (2004).
3. Finally, Smith contends the trial court erred in admitting into evidence two photos of Johnson taken after he was removed from the
Judgment affirmed.
The crimes were committed on April 12, 2002, and the victim’s body was discovered on April 19 of that year. Smith and his co-defendant were arrested on April 22, 2002, and were indicted in Ben Hill County on April 7, 2003, for malice murder, felony murder (false imprisonment), felony murder (aggravated assault), false imprisonment, aggravated assault, and concealing the death of another. A jury trial conducted June 24-25, 2003, resulted in verdicts of guilty on all counts. By an order signed August 19,2003, and filed September 9,2003, the trial court sentenced Smith to life imprisonment for murder and to a consecutive term of ten years for concealing the death of another. The remaining counts of the indictment were merged into the murder conviction or were vacated by operation of law. Pursuant to a notice of appeal filed prematurely on July 22, 2003, directing the case to the Court of Appeals, the record was transmitted to the Court of Appeals where it was docketed on January 27,2004. By order dated February 5, 2004, the Court of Appeals transferred the appeal to this Court where it was docketed on February 9, 2004, and was submitted for decision on the briefs.