James v. State

Defendant was convicted of rape, in violation of 11 Del.C. § 763, and kidnapping, in violation of 11 Del.C. § 783. Each is a Class B felony for which a sentence of twenty years imprisonment was imposed. He appeals on the ground that the State failed to establish the situs of the crimes and thus did not prove venue and the jurisdiction of the Superior Court.

With exceptions not pertinent here, it is elemental and fundamental that the State must prove as part of the prosecution that the conduct constituting the crime occurred in Delaware. 11 Del.C. § 204(a)(1). State v. Sigh, Del.Gen.Sess. 8…