State v. Headley

Appellant’s first proposition of law concerns the court of appeal’s finding on the issue of venue. Appellant asserts that this finding was in error in that the evidence was sufficient to demonstrate that some part of the offense with which appellee was charged was committed in Summit County.

*477Although it is not a material element of the offense charged, venue is a fact which must be proved in criminal prosecutions unless it is waived by the defendant. State v. Draggo (1981), 65 Ohio St. 2d 88, 90 [19 O.O.3d 294], The standard of proof is beyond a reasonable doubt, although venue need not be…