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Final Copy 286 Ga. 420

S09A1697. ARMSTRONG v. THE STATE. Benham, Justice. Raymond Armstrong appeals his malice murder conviction for the shooting death of Damien Carr.1 On February 23, 2007, the teenage victim was playing basketball with three other teenagers in their neighborhood cul-de-sac on Allgood Terrace in DeKalb County. Appellant, who was from a different neighborhood, came by with two other boys, had words with the victim, twice brandished a gun he had in his pocket, and then left the area. The victim and a group of about six other neighborhood teenagers continued to socialize as it turned dark. Appellant returned to the cul-de-sac with a large group of boys. The victim and a boy who came with appellant threw punches at each other. Witnesses then stated they heard someone in the crowd of appellant's friends yell, "Don't fight him, just shoot." Appellant fired his gun at the unarmed victim. Upon realizing he had been shot, the victim ran into the house at 4392

Appellant was indicted on June 7, 2007, for malice murder, felony murder, and two counts of aggravated assault. The case was tried beginning on January 15, 2008, and, on January 18, the jury returned a verdict of guilty on all counts except for one count of aggravated assault. Appellant was convicted of malice murder, with the remaining counts merging and/or being vacated as a matter of law, and sentenced to life in prison. Appellant filed a motion for new trial on February 15, 2008, and it was amended on August 11, 2008, and on February 2, 2009. The trial court held a hearing on the motion for new trial which was denied on May 20, 2009. On June 19, 2009, appellant timely filed a notice of appeal and the case was docketed in this Court on June 26, 2009, for consideration on the briefs.

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Allgood Terrace, ran back outside and then collapsed in the yard of another house in the Allgood Terrace cul-de-sac. The medical examiner testified that the victim died of a gunshot wound to his chest. 1. The evidence adduced at trial and summarized above was sufficient to authorize a rational trier of fact to find appellant guilty beyond a reasonable doubt of malice murder. Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979). 2. Appellant's only enumerated error is that the State failed to prove venue. More specifically, he contends that, although the police were called to an address at 4391 Allgood Terrace, the evidence only showed the shooting occurred "somewhere" at the "basketball courts." The Georgia Constitution states that "all criminal cases shall be tried in the county where the crime was committed." Ga. Const. of 1983, Art. VI, Sec. II, Par. VI. See also OCGA

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