Lewis v. State

The defendant was indicted in Gwinnett County for felony murders and related crimes. The indictment alleged that the predicate felony for the felony murder charges was the sale and distribution of controlled substances in violation of OCGA S 16–13–30 (b). The defendant argued that venue was improper in Gwinnett County because OCGA S 17–2–2 (c) specifies that criminal homicide is considered committed in the county where the cause of death was inflicted (DeKalb County). The Supreme Court agreed, holding the trial court did not properly analyze venue under the statutory framework.