State v. Bennett

OPINION

BROCK, Justice.

Defendant was convicted of selling a Schedule III controlled substance in violation of the Drug Control Act. The Court of Criminal Appeals reversed the conviction and remanded for a new trial, holding that the State failed to establish by a preponderance of the evidence that the offense occurred in the county of trial, Williamson County. To review this determination, we granted the State’s petition for certiorari.

Both Article 1, § 9, Constitution of Tennessee, and T.C.A. § 40-104, provide that the defendant has the right to trial by a jury “ . . .of the County in which…