CRIMINAL LAW-PRESUMPTION THAT DEATH OCCURS WHERE BODY FOUND IS SUFFICIENT TO CONFER JURISDICTION

• NCJ Number: 7490
• Journal: Mississippi Law Journal Volume: 43 Issue: 4 Dated: (1972) Pages: 568-572
• Author(s): G FAIR
• Date Published: 1972
• Length: 5 pages
• Corporate Author: University of Mississippi
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

CASE WHERE THERE WAS UNCERTAINTY WHETHER DEATH WAS IN TENNESSEE WHERE THE SHOOTING TOOK PLACE, OR IN MISSISSIPPI WHERE THE BODY WAS FOUND.

Abstract

BY ADOPTING THE PRESUMPTION THAT DEATH OCCURS WHERE THE BODY IS FOUND, THE COURT SIMPLIFIED THE BURDEN OF PRODUCING SUFFICIENT EVIDENCE TO SATISFY THE VENUE REQUIREMENT IN A CRIMINAL PROSECUTION. THE PRESUMPTION IS REBUTTABLE AND ANY CONTRARY EVIDENCE WILL ALLOW THE QUESTION OF VENUE TO BE DETERMINED BY THE JURY. THE ADOPTED PRESUMPTION SHOULD HELP TO SOLVE THE PROBLEMS IN BOUNDARY-LINE JURISDICTIONAL QUESTIONS WHICH MAY ARISE IN THE FUTURE. (AUTHOR ABSTRACT)