In the case of People v. McBurrows, the Court of Appeals deal with a venue questions. The defendant was charged with delivery of fentanyl causing death. Before trial, Defendant raised the issue of whether the Monroe County Circuit Court was the correct venue for the trial. Venue means which court will hear the case. A criminal case must be tried in the correct court.
The Facts in the Case
The case itself was relatively straightforward. Two men went to Wayne County to purchase heroin from defendant, who sold them heroin. The two men were actually sold fentanyl. One of them used the drug back in Monroe County, overdosed, and died.
Defendant filed a pre-trial motion arguing that venue was not proper in Monroe County. Defendant argued that the only act he committed took place in Wayne County, not in Monroe. The trial court denied the motion, ruling the case could be tried in either Wayne or Monroe County because elements of the charged offense occurred in both counties.