Stover v. State

Johnson, Presiding Judge.

After a jury trial, Thomas Stover was convicted of criminal trespass and acquitted of simple battery. He appeals from the conviction, contending that the state failed to prove venue beyond a reasonable doubt. We agree and reverse.

Venue is an essential element of a crime, and the state has the burden of proving venue beyond a reasonable doubt whenever a criminal defendant pleads not guilty.* 1 In this case, Stover pled not guilty to both charges, thereby challenging all of the allegations contained in the accusations, including those pertaining to venue. Yet, as the…