(1) If a defendant is convicted of felony murder in one county with an underlying felony committed in a second county, and the felony murder conviction is vacated by operation of Malcolm v. State, [supra], can the defendant be tried and convicted of the underlying felony in the second county? (2) If a defendant kidnaps a victim in one county and abducts the victim to a second county where he inflicts bodily injury on the victim, and the defendant is subsequently convicted of false imprisonment in the second county, can the defendant then be tried and convicted of kidnapping with bodily injury in the first county? See Sallie v. State, 216 Ga. App. 502 ( 455 S.E.2d 315) (1995). 1. Perkinson claims that in obtaining his felony murder convictions in Bartow County the State "used up" the evidence that would be presented to obtain convictions for kidnapping with bodily injury and armed robbery in DeKalb County.

See Heath v. Jones, 941 F.2d 1126 (11th Cir. 1991) (defendant could be convicted of murder during a kidnapping and sentenced to death in Alabama, despite the fact that the murder occurred in Georgia). See also Sallie v. State, 216 Ga. App. 502, 503 ( 455 S.E.2d 315) (1995) (crossing county line with two kidnapping victims merely continued the asportation and detention required for defendant's conviction of kidnapping with bodily injury). 5. Sears objects to the testimony of two witnesses, Detective Laurie Bello and Major Jim Burns. The former witness testified that Sears lacks remorse.

O.C.G.A. § 16-5-40 (a).Sallie v. State, 216 Ga. App. 502, 503 ( 455 S.E.2d 315) (1995). "Asportation" is defined as "a carrying away.

It is not disputed that the State made a written request for a jury charge on false imprisonment. At trial, the State asked that such charge be given because the only difference between false imprisonment and kidnapping is that kidnapping has the additional element of asportation, Sallie v. State, 216 Ga. App. 502, 503 ( 455 S.E.2d 315) (1995), and the jury could have found that on May 16 the victim was detained without having been abducted or stolen away and therefore falsely imprisoned but not kidnapped. The court decided not to give the requested charge, observing "either he did it or he didn't is the way I see it." Defense counsel raised no objection, stating that he had researched the question the night before and concluded that kidnapping has no lesser included offense.

The only difference between these two offenses is the element of asportation. Sallie v. State, 216 Ga. App. 502, 503 ( 455 S.E.2d 315) (1995). Williams argues some evidence of lack of asportation was presented and therefore that a charge on false imprisonment should have been given. While it is well-settled that a trial court should charge the jury on a lesser included offense if even slight evidence shows that the defendant committed that lesser offense, Edwards v. State, 264 Ga. 131, 133 ( 442 S.E.2d 444) (1994), we do not agree with Williams that a charge on false imprisonment was warranted here. He claims that the jury could have concluded that the victim retreated on his own power to the inside of the station to escape the beating.

This charge was not warranted by the evidence since any detention of the deputies by defendant Pope was accompanied by the element of asportation. Sallie v. State, 216 Ga. App. 502 ( 455 S.E.2d 315). Under the evidence presented at trial, defendant was guilty of the offense of kidnapping or not guilty of any offense. There was no evidence raising the lesser offense. Stovall v. State, 216 Ga. App. 138, 141 (5) ( 453 S.E.2d 110).