Section 13.29 General Venue Principles

• Library: Criminal Practice 2012 Supp

A. (§13.29) General Venue Principles

The Sixth Amendment to the United States Constitution guarantees trial by a jury of the state and district in which the crime was committed. State v. Garrett, 416 S.W.2d 116, 118–19 (Mo. 1967). Section 541.033, RSMo Supp. 2004, provides that prosecutions shall be in any county where an element of the offense was committed. Failure to prove venue can be fatal to the state’s case. When the evidence is insufficient to support a finding that venue for the charge of conviction was properly laid, a conviction cannot stand. State v. Poelker, 378 S.W.2d 491 (Mo. banc 1964).

Venue is a question of fact that ordinarily must be decided by the jury. United States v. Miller, 111 F.3d 747 (10^th Cir. 1997); State v. Seaton, 817...