How have courts interpreted the rule that venue is a question of fact for the jury?

California, United States of America


The following excerpt is from People v. Posey, 32 Cal.4th 193, 8 Cal.Rptr.3d 551, 82 P.3d 755 (Cal. 2004):

When we scrutinize Megladdery's rationale for the rule that venue is a question of fact for the jury, we find it unpersuasive. Although it is true that the People must prove the facts underlying venue by a preponderance of the evidence, it does not follow, contrary to the assertion in Megladdery (People v. Megladdery, supra, 40 Cal.App.2d at p. 762, 106 P.2d 84), that the People must prove those facts to the satisfaction of the jury.

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