Carlos Alan Stockardv.The State
A jury found Stockard guilty of making a false statement during a recorded police interview concerning his whereabouts at a murder scene. The State charged the offense in DeKalb County, but investigators testified only that they picked him up at the county jail and later drove him around while questioning him. The Court of Appeals found the evidence sufficient to support the false-statement conviction, although Stockard challenged only venue. Venue remained an element the State had to prove beyond a reasonable doubt. The recording showed he made the statements several minutes after the interview began, but the State presented no evidence showing where the vehicle was then or whether the investigators remained in DeKalb County. The court reversed for insufficient proof of venue and explained that retrial was not barred if venue were properly established. On reconsideration, it rejected the State’s assertion that Stockard’s brief admitted the statements were made at the jail; the cited language was conditional, not an admission of fact.
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