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Davis v. State

The State failed to establish venue in the theft by deception trial arising from the defendant's receipt of funds sent by wire transfer, as the State failed to demonstrate that the defendant controlled the funds in the county of trial.

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Charles Davis was convicted in the Superior Court of Morgan County of two counts of theft by deception,1 in connection with his receipt of funds sent by wire transfer. Davis appeals, contending, among other things, that the trial court erred by denying his motion for new trial, in which he complained that the state had failed to prove that venue was proper in Morgan County. Because there was no evidence that Davis had exercised control over the funds in Morgan County, we reverse. However, inasmuch as “the failure to establish venue does not bar retrial in a court where venue is proper and proven,”2 the state is authorized to retry Davis in the proper venue.3

1. “Venue is a jurisdictional fact and is an essential element in proving that one is guilty of the crime charged. Like every other material allegation in the indictment, venue must be proved by the prosecution beyond a reasonable doubt.”4 Venue is a matter to be decided by the jury, and the jury’s decision will not be set aside if there is any evidence to support it.5

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