State v. Cooksey

The defendant was indicted in Douglas county of the crime of assault with a dangerous weapon, was found guilty by a jury, and was sentenced to the penitentiary for a term of 18 months. He contends on appeal only that the state failed to prove venue in Douglas county. We agree and reverse the conviction.

In State v. Jones, 240 Or 129, 400 P2d 524 (1965), we reaffirmed the rule found in earlier cases that although venue need not be proved directly, but may be inferred by the jury from all the evidence in the case, nevertheless, venue must be proved beyond a reasonable doubt. Venue is a material…