State v. Cervantes

Article I, section 11, of the Oregon Constitution guarantees a criminal defendant the right to a trial “in the county in which the offense shall have been committed. ’ ’ This venue requirement is a material allegation of the indictment that must be proven beyond a reasonable doubt. State v. Cooksey, 242 Or 250, 251, 409 P2d 335 (1965); State v. Jones, 240 Or 129, 130, 400 P2d 524 (1965). The issue in this criminal case is whether the state introduced sufficient evidence to establish venue beyond a reasonable doubt. We hold that it did.

After a jury trial, defendant was found guilty of rape in…