GA Code § 17-2-2 (2021)
2021 Georgia Code|Title 17 - Criminal Procedure|Chapter 2 - Jurisdiction and Venue|§ 17-2-2. Venue Generally

  In general. Criminal actions shall be tried in the county where the crime was committed, except as otherwise provided by law.   Crime committed on boundary line of two counties. If a crime is committed on, or immediately adjacent to, the boundary line between two counties, the crime shall be considered as having been committed in either county.   Criminal homicide. Criminal homicide shall be considered as having been committed in the county in which the cause of death was inflicted. If it cannot be determined in which county the cause of death was inflicted, it shall be considered that it was inflicted in the county in which the death occurred. If a dead body is discovered in this state and it cannot be readily determined in what county the cause of death was inflicted, it shall be considered that the cause of death was inflicted in the county in which the dead body was discovered.   Crime commenced outside the state. If the commission of a crime under the laws of this state commenced outside the state is consummated within this state, the crime shall be considered as having been committed in the county where it is consummated.   Crime committed while in transit. If a crime is committed upon any railroad car, vehicle, watercraft, or aircraft traveling within this state and it cannot readily be determined in which county the crime was committed, the crime shall be considered as having been committed in any county in which the crime could have been committed through which the railroad car, vehicle, watercraft, or aircraft has traveled.   Crime committed on water boundaries of two counties. Whenever a stream or body of water is the boundary between two counties, the jurisdiction of each county shall extend to the center of the main channel of the stream or the center of the body of water; and, if a crime is committed on the stream or body of water and it cannot be readily determined in which county the crime was committed, the crime shall be considered as having been committed in either county.   Crime committed on water boundaries of two states. Whenever a crime is committed on any river or body of water which forms a boundary between this state and another state, the accused shall be tried in the county of this state which is situated opposite the point where the crime is committed. If it cannot be readily determined on which side of the line a crime was committed between two counties which border the river or body of water, the crime shall be considered as having been committed in either county.   Crime in more than one county. If in any case it cannot be determined in what county a crime was committed, it shall be considered to have been committed in any county in which the evidence shows beyond a reasonable doubt that it might have been committed.   Cumulative effect of Code section. This Code section is cumulative and shall not supersede venue provisions found in other parts of this Code.    (Laws 1833, Cobb's 1851 Digest, p. 840; Ga. L. 1855-56, p. 265, § 1; Code 1863, §§ 39, 40, 4556, 4557, 4558; Code 1868, §§ 37, 38, 4576, 4577, 4578; Code 1873, §§ 35, 36, 4570, 4571, 4572, 4686; Code 1882, §§ 35, 36, 4570, 4571, 4572, 4686, 5172; Ga. L. 1895, p. 70, § 1; Penal Code 1895, §§ 23, 24, 26, 27, 28, 29; Penal Code 1910, §§ 23, 24, 26, 27, 28, 29; Code 1933, §§ 27-1101, 27-1102, 27-1103, 27-1104, 27-1105, 27-1106; Code 1933, § 26-302, enacted by Ga. L. 1968, p. 1249, § 1.)   Cross references.   - Venue generally, Ga. Const. 1983, Art. VI, Sec. II.    Venue for prosecution of actions for certain offenses involving theft, § 16-8-11.    Venue for prosecution of actions for offense of theft by extortion, § 16-8-16.    Change of venue, § 17-7-150 et seq.   U.S. Code.   - Venue, Federal Rules of Criminal Procedure, Rule 18.   Law reviews.   - For article surveying developments in Georgia criminal law from mid-1980 through mid-1981, see 33 Mercer L. Rev. 95 (1981). For annual survey of criminal law, see 38 Mercer L. Rev. 129 (1986).   JUDICIAL DECISIONS   ANALYSIS    General Consideration   Proof of Venue    RESEARCH REFERENCES   Am. Jur. 2d.   - 21 Am. Jur. 2d, Criminal Law, § 487 et seq. 40A Am. Jur. 2d, Homicide, § 186.   C.J.S.   - 22 C.J.S., Criminal Procedure and Rights of the Accused, § 1 et seq.   ALR.    - Constitutionality of statute fixing venue of offense committed while upon public conveyances, or at stations or depots upon the route thereof, 11 A.L.R. 1020.    Pendency in one county of charge of larceny as bar to subsequent charge in another county of offense which involves both felonious breaking and felonious taking of same property, 19 A.L.R. 636.    Absence from state at time of offense as affecting jurisdiction of offense, 42 A.L.R. 272.    Where offense of obtaining money by fraud is deemed to be committed when mail or telegraph is employed, 43 A.L.R. 545.    Right to be tried in county or district in which offense was committed, as susceptible of waiver, 137 A.L.R. 686.   Jurisdiction and venue of criminal charge for child desertion or nonsupport as affected by nonresidence of parent or child, 44 A.L.R.2d 886.   Venue in homicide cases where crime is committed partly in one county and partly in another, 73 A.L.R.3d 907.   Venue in rape cases where crime is committed partly in one place and partly in another, 100 A.L.R.3d 1174.   Venue in bribery cases where crime is committed partly in one county and partly in another, 11 A.L.R.4th 704.