TDCAA    TDCAA Community  Hop To Forum Categories  Criminal    Venue question
Go
New
Find
Notify
Tools
Reply
  
Venue question Login/Join 
Member
posted
A truckdriver, an employee of a company in my county, loads his truck in my county and delivers it to County B. He is paid cash for his delivery. He spends the cash and never gives it to his employer. I have no proof that the cash was ever in my county. I do not think theft charges can be filed in my county. Am I wrong?
 
Posts: 1029 | Location: Fort Worth, TX | Registered: June 25, 2001Reply With QuoteReport This Post
Member
posted Hide Post
Was he paid for the act of delivery, or for the goods delivered? If the latter, seems to me that the mens rea and actus reus intersect when he loaded the truck.

Tex. Code Crim. Proc. art 13.08: "When the property is stolen in county and removed by the offender to another county, the offender may be prosecuted [in either county]."
 
Posts: 39 | Location: Crockett, Texas, USA | Registered: January 04, 2005Reply With QuoteReport This Post
Member
posted Hide Post
He delivered a load and was paid cash for the load. He was supposed to return the cash to his employer and never did so. He was a salaried employee. I am unable to prove the cash was taken into my county.
 
Posts: 1029 | Location: Fort Worth, TX | Registered: June 25, 2001Reply With QuoteReport This Post
  Powered by Social Strata  
 

TDCAA    TDCAA Community  Hop To Forum Categories  Criminal    Venue question

© TDCAA, 2001. All Rights Reserved.