RICHARD ALLEN BALL, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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The appellate court affirmed a conviction for indecent assault, holding that the State sufficiently proved venue in Dade County and that the offense occurred within the statutory two-year period, even though these elements were not proven beyond a reasonable doubt.
Yes, the State sufficiently proved venue and the timeliness of the offense. The evidence presented allowed for a reasonable inference that the crime occurred in Dade County and within the statutory two-year period.
“In a criminal prosecution it is not necessary for the venue to be proved beyond a reasonable doubt.”
Establishes the standard of proof for venue in criminal cases.
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Join FLexlaw to unlock all legal intelligenceThe appellant was convicted of indecent assault upon a female minor. The conviction was appealed on the grounds that the State failed to prove the cri…
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Appellant’s points seeking reversal of his conviction for indecent assault upon a female minor do not question the sufficiency of the evidence as to the commission of the acts. It is urged however, that the conviction must be set aside because (1) the State failed to prove the crime was com*524mitted, in Dade County, Florida, and (2) the State failed to prove the offense was committed within two years of the filing of the information. ^
In a criminal prosecution it is not necessary for the venue to be proved beyond a reasonable doubt. It is sufficient if the evidence raises a presumption or if the jury can reasonably infer from the evidence that the crime was committed in the alleged jurisdiction. Lowman v. State, 80 Fla. 18, 85 So. 166 (1920); Chaudoin v. State, Fla.App.1960, 118 So.2d 569. An examination of the record reveals sufficient evidence to establish the commission of the crime within Dade County, Florida. There was also sufficient evidence to show that the commission of the offense charged was perpetrated within the two year period prescribed by statute. See Sec. 932.05, Fla.Stat, F.S.A.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
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Eastling v. State, 240 So. 2d 85 (Fla. 3d DCA 1970)…PER CURIAM. Affirmed. Skipper v. State, 114 Fla. 312, 153 So. 853; Ball v. State, Fla.App.1967, 204 So. 2d 523.…
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Navarre v. State, 608 So. 2d 525 (Fla. 1st DCA 1992)…red within a named county is material allegation that the state must prove). We find the evidence was insufficient to raise a presumption, or to allow a reasonable inference by the jury, that the battery took place in Escambia County. Ball v. State, 204 So. 2d 523 (Fla.3d DCA 1967). The state argues the right to appeal on the issue of improper venue was waived when Appellant failed to challenge the allegation of venue by means of a pretrial motion to dismiss or a motion for judgment of acquittal anytime durin…
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Pennick v. State, 453 So. 2d 542 (Fla. 3d DCA 1984)…10, 113 So. 561 (1927); Lowman v. State, 80 Fla. 18, 85 So. 166 (1920); Hopkins v. State, 52 Fla. 39, 42 So. 52 (1906); Smith v. State, 10 So. 894; Warrace v. State, 27 Fla. 362, 8 So. 748 (1891); Andrews v. State, 21 Fla. 598 (1885); Ball v. State, 204 So. 2d 523 (Fla. 3d DCA 1967); Chaudoin v. State, 118 So. 2d 569 (Fla.2d DCA 1960), but instead is sufficiently proved “if the jury can reasonably infer from the evidence that the crime was committed in the alleged jurisdiction.” Ball v. State, 204 So. 2d at 5…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Lowman v. State, 80 Fla. 18 (Fla. 1920)
- Chaudoin v. State, 118 So. 2d 569 (Fla. 2d DCA 1960)