State v. Taylor

MICHAEL A. WOLFF, Judge.

Introduction

Must the state prove correct venue as an element of the offense — that is, that the alleged crime occurred in the county where the case is being initiated?

In this case, the victim of a rape seemed uncertain whether the crime occurred in St. Louis County or in the city of St. Louis. The case presents the Court an opportunity to clarify the law of venue in criminal cases. Venue is not “jurisdictional.” Venue is not an element of the offense. An objection to venue must be presented, and ruled on, prior to trial.

Any error in handling the question of venue in…