Venue for Criminal Charges
In Thomas vs. State, the appellant was charged with committing murder in Robertson County and venue was changed to Madison County by agreement of all parties. Appellant contends that the State failed to prove venue in Madison County, the county in which the case was tried. Appellant made a motion for instructed verdict stating that venue and jurisdiction were not proven. Where a county acquires venue by virtue of a change of venue order and not by virtue of the commission of an offense, different considerations exist. Venue means the place in which prosecutions are to begin. In the instant case, that means Robertson County, the place where the offense occurred. The State proved that the offense occurred in Robertson County. Appellant phrases his contention as failure to prove venue, but it is really a question of jurisdiction, not venue, since Madison County would not have been a proper county in which to try appellant absent the change of venue.
