We have a case currently indicted as murder, but could be reindicted as capital murder on a couple of the actors. Per defendants who gave statements, victim was kidnapped in our county, killed in a different county, and then her body was dumped in our county. If we leave this case as murder, do we have jurisdiction knowing (from a couple of defendant statements) that the murder itself was committed in another county? The criminal episode started and ended in our county, but the murder itself was in a different county. Any thoughts? Thanks so much for any input!
JP

Collin County had a case similar to this a few years back. A prostitute got in a truck up north, was killed somewhere, and dumped in Texas. For years the case was dismissed over concerns about jurisdiction. Eventually, it was successfuly prosecuted (the defendant had also killed two others including his mother.) On appeal the case was Brown v. S., 163 SW3d 818 (Dallas 2005). Someone in the appellate division should be able to assist.

As I recall, the county where the killing occurred and the county where the body is found both are both proper venues.

Baby Grace--killed in Harris, found in Galveston. Tried in Galveston.

Brazoria is trying a capital murder now where lady snatched in Brazoria and body found in Harris.

For kidnapping see CCP 13.12--county taken, county traveled through, and county found all are proper venue.

Especially at 13.07 -- injured in one county and dying in another: "If a person receives an injury in one county and dies in another by reason of such injury, the offender may be prosecuted in the county where the injury was received or where the death occurred, or in the county where the dead body is found.

Also look at 13.13 Conspiracy
Criminal conspiracy may be prosecuted in the county where the conspiracy was entered into, the county where the conspiracy was agreed to be executed, or in any county in which one or more of the conspirators does any act to effect an object of the conspiracy....

Take a look at Rodriguez v State, 146 S.W.3d 674 (CCA). Rodriquez was convicted of the aggravated kidnapping and capital murder of a potential witness in a federal drug case. The victim was kidnapped in Texas, transported across the border to Mexico where he was tortured and killed. Rodriguez argued that Texas lacked territorial jurisdiction over the capital murder and the court of appeals agreed, reversing the capital murder conviction. The CCA reversed the COA, holding that because the aggravated kidnapping was an element of the capital murder and the aggravated kidnapping occurred in Texas, Texas had jurisdiction as to the capital murder.

Janette A

Thank you guys so much! 13.07 was what I could not find anywhere yesterday and Lexis and I were not getting along either... I'm going to read the cases ya'll suggested. I knew for capital it was ok, and thought there was something on location of body for straight murder, but could not find it. Then I searched Lexis. Think I was having a bad research afternoon. Thanks again. The cases and 13.07 are perfect.
JP