2020 Georgia Code
Title 17 - Criminal Procedure
Chapter 2 - Jurisdiction and Venue
§ 17-2-3. Jurisdiction and Venue as to Crimes Committed on Boundary Lines Between This State and Other States
This state claims jurisdiction of an offense committed on any of her boundary lines with other states for the county bordering on that part of the line where the offense was committed and, if doubtful as to which of two counties as set forth in subsection (g) of Code Section 17-2-2, for either county, and will proceed to arrest, indict, try, and punish unless the other state makes a demand for the accused person as a fugitive from justice, in which event the progress of the case shall be suspended by order of the Governor until the question of jurisdiction is settled.
(Orig. Code 1863, § 41; Code 1868, § 39; Code 1873, § 37; Code 1882, § 37; Penal Code 1895, § 25; Penal Code 1910, § 25; Code 1933, § 27-1107.)
Law reviews.- For comment, "The Guiding Hand of Counsel: Effective Representation for Indigent Defendants in the Cordele Judicial Circuit," see 66 Mercer L. Rev. 781 (2015).
JUDICIAL DECISIONS
Trial counsel was not ineffective for failing to challenge venue as such a motion would have failed given the evidence supporting a finding that the fatal gunshot was inflicted on the Georgia side of the bridge before the defendant threw the body into the river. McDonald v. State, 296 Ga. 643, 770 S.E.2d 6 (2015).
Cited in Simpson v. State, 92 Ga. 41, 17 S.E. 984, 44 Am. St. R. 75, 22 L.R.A. 248 (1893); James v. State, 10 Ga. App. 13, 72 S.E. 600 (1911); State v. Wilson, 220 Ga. App. 538, 469 S.E.2d 804 (1996).
RESEARCH REFERENCES
Am. Jur. 2d.
- 21 Am. Jur. 2d, Criminal Law, §§ 472 et seq., 482 et seq.
ALR.
- Person who steals property in one state or country and brings it into another as subject to prosecution for larceny in latter, 156 A.L.R. 862.
