TDCAA Community
Venue question

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August 04, 2006, 10:18
Ken Sparks
Venue question
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?
August 05, 2006, 12:57
Robt McGlohon
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]."
August 10, 2006, 11:36
Ken Sparks
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.