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McMullen v. State

The evidence as a whole was sufficient to prove venue beyond a reasonable doubt in defendant's trial for murder and other offenses after he followed his on-again off-again girlfriend down a road and shot into her vehicle, striking her in the head.

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Appellant Hannibal Wayne McMullen was convicted of malice murder, aggravated stalking, possession of a firearm during the commission of a felony, and possession of a firearm by a convicted felon, in connection with the shooting death of Ketrita Jones.1 He appeals, asserting, inter alia, the evidence was insufficient to prove venue. Finding no error, we affirm.

Construed to support the verdicts, the evidence showed that the appellant and the victim were romantically involved in a long-term, stormy, on-and-off relationship. In December 2011, fearing that the appellant would harm her, the victim sought and obtained a protective order. Six weeks later, the victim brought lunch to Eric Hardeman, a close friend, at Hardeman’s place of employment, a barber shop, on Washington Street in Covington, Georgia. Hardeman approached the victim’s pick-up truck while she remained in it. Appellant drove up and pulled into an adjacent parking space. Knowing the state of affairs between the appellant and the victim, Hardeman told her that it would be best if she left. The appellant and the victim argued briefly.2 Annoyed, the victim drove out of the parking lot, and headed down Washington Street toward Covington Square. The appellant followed her in his vehicle.

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