TDCAA Community
Venue & the lesser includeds

This topic can be found at:
https://tdcaa.infopop.net/eve/forums/a/tpc/f/157098965/m/9571082391

August 07, 2009, 14:24
rk
Venue & the lesser includeds
Let's say we have a dead body on the island.
Let's say that the killing occurred in a county to our north.
Let's also say that the punishment range is the same and the evidence is pretty darn strong to show dead guy was kidnapped in the county up north.

How do we overcome venue if we ask for a lesser-included of agg kidnapping when it doesn't appear dead guy didn't make it down here until after he was dead?
August 07, 2009, 16:12
AlexLayman
Hey look it says the offender can be prosecuted, it doesn't say murder is the only charge allowed:

Art. 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.


Is there a case that says the prosecution under this can only be for murder?

If the offender is charged with murder, aggrevated kidnapping, and concealing a corpse (2nd degree tampering) it seems unlikely that he would take the stand and say "oh yes I killed someone in another county and dumped the corpse in Galveston but I did NOT kidnap in this county!"

I'm just speculating on this I'm not a lawyer.
August 07, 2009, 16:25
AlexLayman
Also is kidnapping really a lesser included of murder or maybe you were speaking figuratively.
August 10, 2009, 14:07
JFowler
We ran into that before as well. Since
the defense requested lessers, we felt that
their request took care of the venue issue.
However, our appellate folks couldn't find
any cases directly on point.

What was worrisome was if the jury said
he was NG on the greater offense, but hung
on the lessers. Then where do you re-try
the lessers?

Also, the jury instructions
on the lessers had to be tinkered with,
b/c it alleged the dead-body County (ours) in
the lesser application paragraphs.
August 11, 2009, 09:54
rk
You couldn't get your hands on that jury charge could you?
If so, would you email it to me?