In what circumstances will the court allow the defense counsel to argue that no jury charge can be given at trial because venue does not exist?
MultiRegion, United States of America
The following excerpt is from United States v. Rodriguez, 465 F.2d 5 (2nd Cir. 1972):
It is evident that the court was fully aware of the defense position with respect to venue. Throughout the trial,
[465 F.2d 9]
defense counsel argued that no jury charge could be given because, as a matter of law, venue did not exist. In light of these circumstances and the importance of venue in the administration of justice, we find that sufficient objection was made to the theories of venue upon which the jury was instructed. Cf., Roberts v. United States, 109 U.S.App. D.C. 75, 284 F.2d 209, 211 n. 7 (1960), cert. denied, 368 U.S. 863, 82 S.Ct. 109, 7 L.Ed.2d 60 (1961).[465 F.2d 9]
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