T.P.I. -- CRIM. 2.05

BURDEN OF PROOF:  VENUE (GENERAL)

            The burden is upon the state to prove by a preponderance of the evidence that this offense was committed in __________ County, Tennessee.¹

            Proof by a preponderance of the evidence means that the greater weight of the evidence must be in support of the state's contention.²

            Venue of the offense lies in the county where the offense was commenced or consummated.³

            If you find that the state has failed to prove by a preponderance of the evidence that this offense was commenced or consummated in __________ County, Tennessee, then you must return a verdict of not guilty.

FOOTNOTES

1.  Tenn. Code Ann. § 39-11-201(e).

2.  In re Estate of Tittle, 485 S.W.2d 255 (Tenn. App. 1972); Blount Co. v. Perry,

     7 Tenn. App. 340 (1928).  The trial judge may wish to charge T.P.I. -- CRIM.

     42.01 (Preponderance of the Evidence).

3.  If one or more elements of an offense are committed in one county and

     one or more elements in another, the offense may be prosecuted in either

     county.  Offenses committed on the boundary of two or more counties

     may be prosecuted in either county.  Tenn. Code Ann. § 39-11-103(d).

COMMENTS

            1.  See T.P.I. -- CRIM. 2.06 for venue for computer offenses.